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NY N025772




April 29, 2008

CLA-2-09:OT:RR:E:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0090

Ms. Noelene Wilson
Australian Fruit Tea Co Pty Ltd
PO Box 5065 Gold Coast Mail Centre,
Queensland, 9726
Australia

RE: The tariff classification of black tea from Australia

Dear Ms. Wilson:

In your letter dated April 7, 2008, you requested a tariff classification ruling.

The subject merchandise is loose leaf tea that will be imported for retail sale. The product is described as a cardboard box containing a blend of dried black tea leaves from Ceylon and India, natural flavor, and freeze dried fruit in a foil pouch. The box is said to have a net weight of 100 grams.

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.

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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