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NY G85873





February 8, 2001

CLA-2-12:RR:NC:2:238 G85873

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.8080

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, NJ 07663-5910

RE: The tariff classification of echinacea herbal tea, put up in sachets, from the United Kingdom

Dear Ms. Bell:

In your letter dated December 19, 2000, you requested a tariff classification ruling.

The subject product, referred to as “Heath & Heather Organic Echinacea Tea,” consists of echinacea herbal tea put up in sachets. The sachets, in turn, are put up for retail sale in a cellophane-sealed paperboard box containing twenty sachets. According to the package label, “100% Organically grown Echinacea” (Echinacea purpurea) constitutes the sole ingredient.

The applicable subheading for the subject product will be 1211.90.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for "[P]lants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Herbal teas and herbal infusions (single species, unmixed)." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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