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NY K82035




December 29, 2003
CLA-2-12:RR:NC:2:238 K82035

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.9090

Mr. Russ Taylor
MYDREAMTIME Corporation Ltd.
West Park, Enterkine
Scotland, KA6 5AL
United Kingdom

RE: The tariff classification of the dried and crushed leaves of the lemon myrtle tree (Backhousia citriodora), imported in bulk form, from Australia

Dear Mr. Taylor:

In your letter dated November 25, 2003, you requested a tariff classification ruling.

The subject product consists of the dried and crushed leaves of the lemon myrtle tree (Backhousia citriodora). You indicate that the product will be used for making an herbal tea. You also indicate that your firm’s trade name for the product is “Lemune Leaf.”

The applicable subheading for the subject product will be 1211.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Plants 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: Other.” The rate of duty will be free. The rate of duty will remain the same in 2004.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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