The tariff classification of herbal teas from Bolivia

NY 879378 November 3, 1992 CLA-2-12:S:N:N1:228 CATEGORY: Classification TARIFF NO.: 1211.90.8010; 2106.90.6087 Mr. Gregg T. Bibliowicz 5604 S.W. 114th Avenue Cooper City, FL 33330 RE: The tariff classification of herbal teas from Bolivia Dear Mr. Bibliowicz: In your letters dated March 13, 1992, July 27, 1992, and September 29, 1992, you requested a tariff classification ruling. Two types of "Amancay" herbal teas are described - Amancay Coca Leaf Infusion, and Amancay Triple Tea. Both are in the form of tea bags containing one gram of vegetable material, with 25 tea bags packed in a cellophane-wrapped cardboard box. The contents of the Coca Leaf Infusion is crushed coca leaves. Triple Tea is composed of 37.5 percent camomile flowers, 37.5 percent aniseed fruit, and 25 percent coca leaf. The applicable subheading for the Amancay Coca Leaf Infusion will be 1211.90.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for plants and parts of plants...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...substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments...coca leaves. The duty rate will be free. The applicable subheading for the Amancay Triple Tea will be 2106.90.6097, HTS, which provides for food preparations not elsewhere specified or included...other...other...herbal teas and herbal infusions comprising mixed herbs. Articles classifiable under subheading 2106.90.6087, HTS, which are products of Bolivia are entitled to duty free treatment under the Generalized System of Preferences (GSP) or the Andean Trade Preference Act (ATPA), upon compliance with all applicable regulations. The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture, Food and Drug Administration, or Drug Enforcement Agency. It is suggested you contact these agencies directly for further information. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport