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NY L86868




August 12, 2005

CLA-2-12:RR:NC:2:238 L86868

CATEGORY: CLASSIFICATION

TARIFF NO.: 1211.90.9090

James S. O’Kelly, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of Hoodia gordonii powder from South Africa

Dear Mr. O’Kelly:

In your letter dated August 3, 2005, on behalf of your client, Trimspa, Inc., you requested a tariff classification ruling.

The subject product consists of Hoodia gordonii (a succulent from the Kalahari Desert in southern Africa) powder. You indicate that the Hoodia gordonii will be imported in the form of a sterilized powder, in bulk form, with nothing added to the plant material prior to importation. Subsequent to importation, the powdered Hoodia gordonii will be used in the formulation of a dietary supplement.

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.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

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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