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NY J87983




August 29, 2003

CLA-2-98:RR:NC:2:228 J87983

CATEGORY: CLASSIFICATION

TARIFF NO.: 9801.00.1097

Ms. Mary Z. Scinto
International Marketing Systems, Ltd.
One Corporate Drive
Shelton, CT 06484

RE: The tariff classification of herbal teas from China

Dear Ms. Scinto:

In your letter dated August 8, 2003, on behalf of R.C. Bigelow, Inc., Fairfield, CT, you requested a tariff classification ruling.

Samples and illustrative literature were submitted with earlier correspondence. Bigelow Tea 4 Tin Herbal Tea Gift Pack consists of four metal canisters, approximately three inches square and six inches tall, in a paper tray, covered in clear plastic film, tied with an elastic ribbon. Each tin contains six sealed foil pouches, each of which contains four tea bags. A different tea variety is contained in each tin: chamomile, blueberry, orange and spice, and mint. The chamomile tea is said to be composed of dried chamomile flowers. The blueberry tea is composed of hibiscus, rose hips, chamomile, natural flavors, lemon peel, barley malt, licorice root, wild blueberry pieces, and apple pieces. Orange & spice tea consists of rose hips, spices, hibiscus, orange peel, roasted chicory, and natural flavors. The mint tea contains peppermint leaves, spearmint leaves, rose hips, lemon peel, and hibiscus.

The herbs and plant parts are products of the United States and/or Germany and the flavors are products of the United States. The teas are blended, put up in tea bags, and placed into the sealed foil pouches in the United States. The filled, sealed pouches are exported to China, where they are placed into the tins and packaged as described above. The tins, plastic cover, tray, and ribbons are products of China.

Provided the documentary requirements of 19 C.F.R. ยง10.1 are satisfied, the applicable subheading for the Bigelow Tea 4 Tin Herbal Tea Gift Pack will be 9801.00.1097, Harmonized Tariff Schedule of the United States (HTS), which provides for products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad other other. Products classified in subheading 9801.00.1097 are free of duty.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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