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NY R02198




July 25, 2005

CLA-2-09:RR:NC:SP:232 R02198

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0090; 4819.20.0040; 4819.40.0040

Ms. Emma Hipwell
O’Carroll’s Irish Epicurean Trading, Ltd. Blainroe Upper
Wicklow
Ireland

RE: The tariff classification of Tea from Ireland

Dear Ms. Hipwell:

In your letter dated June 24, 2005, on behalf of Bewley’s. Ltd., you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is tea that will be imported for retail sale. The product is described as a green cardboard box containing a blend of black loose tea leaves in a white paper bag. The box is said to have a net weight of 250 grams.

The applicable subheading for the black tea leaves will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg...Other. The rate of duty will be free. However, all immediate containers and wrappings, and all intermediate containers of tea in packages of less than 2.3 kilograms, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty.

The applicable subheading for the cardboard box will be 4819.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Folding cartons, boxes and cases, of non-corrugated paper or paperboardOther. The rate of duty will be free.

The applicable subheading for the paper bag will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other sacks and bags, of paper. The rate of duty will be free.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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