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NY N013912




September 21, 2007

CLA-2-13:RR:NC:N2:235

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9140

Ms. Trina Renee Swanstrom
Herbal Phyt Products
4510 Summer Haven Blvd, South
Jacksonville, FL 32258

RE: The tariff classification of Phytexponent plant extract from Belgium

Dear Ms. Swanstrom:

In your letter dated July 09,2007, you requested a tariff classification ruling.

The subject product, Phytexponent, is an extract of several different plants that are extracted separately, and then combined into the final product. The extraction process as described in an e-mail and prior phone conversations is as follows. The individual plants are placed in a reaction vessel with alcohol, which is used as the extraction solvent. After forty-eight hours the mixture is filtered, the plant portion is “squeezed”, and the alcohol extract is collected. The various plant extracts are then combined, analyzed for quality control purposes, and bottled. The literature submitted to this office describes the extract to contain the following percentages of plant extracts by dry weight:

Viola Tricolor - 3.77%
Echinacea purpurea- 26.42%
Allium sativum- 11.32%
Triticum repens- 26.42%
Matricaria chamomilla- 32.08%

A sample was sent to the Customs and Border Protection Laboratory in Newark, NJ for analysis. The laboratory states that this product is an extract of natural products and contains approximately 62.1 percent alcohol.

The applicable subheading for the Phytexponent plant extract, will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vegetable saps and extracts: Other: Other: Other. The rate of duty will be free.

Please be advised, the sample submitted does not appear to be properly marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part that:

Unless excepted by law...

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.

In addition, you indicate the extraction process contains a high percentage of alcohol in this extract. However, no mention of alcohol content is listed as an ingredient on the package nor is it listed on the bottle. However, the product literature inside the packaging contains a warning stating “the effects of considerable alcohol administration should be considered.” We suggest you contact the FDA at the address listed below to determine the specific labeling requirements for this product.

This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), or the Federal Food, Drug, and Cosmetic Act which are regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/ bioterrorism/bioact.html. Information for the Federal Food, Drug, and Cosmetic Act may be obtained by calling FDA at telephone number 301-443-1544. The FDA may also be contacted by writing them at 5600 Fishers Lane, Rockville, Maryland 20857.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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