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NY I83975




August 2, 2002

CLA-2-33:RR:NC:2:240 I83975

CATEGORY: CLASSIFICATION

TARIFF NO.:3304.99.5000

Ms. Debra R. McIntyre
Nature ‘s Secrets
1708 Mahalo Place
Dominguez Hills, CA 90220

RE: The tariff classification of Myrtle Solution from Iran

Dear Ms. McIntyre:

In your letter dated June 27, 2002 you requested a tariff classification ruling.

Your inquiry concerns the importation and classification of Myrtle Solution from Iran. The literature for Myrtle Solution was submitted with your inquiry. The product is composed of myrtle essential oil, butyl hydroxy toluene and ethyl alcohol. Imported in a small retail bottle, the label indicates that 3-5 drops of the Myrtle Solution are to be added to 3 ounces of water. The label does not indicate the actual use of the product. Your literature, however, indicates the suggested use as a topical agent and as a dietary/herbal supplement.

You have suggested the classification of this product in heading 1211.90, HTS, which provides for “Plants and parts of plants (including seeds and fruits), fresh or dried, whether or not cut, crushed or powdered”. Your product does not meet the statutory requirements of heading 1211.90.

Additional U.S. Rules of Interpreatiation1 (a) states “a tariff classification controlled by use (other than actual use) is to be determined in accordance with the use in the United States at, or immediately prior to, the date of importation, of goods of that class or kind to which the imported goods belong, and the controlling use is the principal use. Although you state that your product will be used as a dietary supplement, it is not the principal use in the United States. .
The applicable subheading for the Myrtle Solution will be 3304.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other. Except as specifically authorized, no goods or services of Iranian origin may be imported into the United States 31 CFR 560.201 (certain exceptions, inapplicable in this case, are listed in section 560.534)). 31 CFR 560.534 allows for the importation of product used exclusively as foodstuffs intended for human consumption that are classified under Chapters 2-23 of the Harmonized Tariff Schedules of the United States. Myrtle Solution does not qualify under31 CFR 560.534, therefore, importation of the Myrtle Solution is prohibited.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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