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NY N016348




August 31, 2007

CLA-2-09:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.10.1000; 0902.30.0090

Ms. Laura E. Moran
Liif Tea, LLC
405 N. Wabash Avenue Unit 3010
Chicago, IL 60611

RE: The tariff classification of Green and Black Tea from Sri Lanka. Correction to Ruling Number N014755

Dear Ms. Moran:

This replaces Ruling Number N014755, dated August 16, 2007, which contained a clerical error. A complete corrected ruling follows.

In your letter dated July 22, 2007, you requested a tariff classification ruling. You also requested a ruling on country of origin, acceptable country of origin marking and applicable trade agreements.

The applicable subheading for the Green Tea, not flavored will be 0902.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tea, whether or not flavored: Green tea (not fermented) in immediate packings of a content not exceeding 3 kg: in tea bags. The rate of duty will be 6.4 percent ad valorem. 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 Black Tea, not flavored will be 0902.30.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kgOther. 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.

Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as:

The country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of this part; however for a good of a NAFTA country, the NAFTA Marking Rules will determine the country of origin.

Accordingly, the country of origin of an article is the country in which it was wholly grown, or, if processed in several countries, the country in which the last substantial transformation occurred.

Based on the information provided, the Green Tea and the Black Tea are products of Sri Lanka.

On October 11, 1996, the President signed the Miscellaneous Trade and Technical Corrections Act of 1996. Section 14 of the Act amended the country of origin marking statute (19 U.S.C. 1304) to exempt imports of certain specified coffee, tea and spices from the marking requirements of 19 U.S.C. 1304 (a) and (b). As a result neither the imported products nor their containers are required to be marked with the foreign country of origin. This statutory exemption is effective for goods entered, or withdrawn from warehouse, for consumption on or after October 11, 1996. The green tea is among the products which have been included in this statutory marking exemption. Therefore, neither teas (the Green Tea and the Black Tea) nor its containers are required with the foreign country of origin.

Articles classifiable under subheading 0902.10.1000, HTS, which are products of Sri Lanka, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse.

Articles classifiable under subheading 0902.30.0090, HTS, which are products of Sri Lanka, are not currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse.

To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 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 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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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