The tariff classification of peppermint and cerassie herbal teas, put up in sachets, from Jamaica

NY G87635 February 28, 2001 CLA-2-12:RR:NC:2:238 G87635 CATEGORY: Classification TARIFF NO.: 1211.90.4020; 1211.90.8080 Mr. Lavern Ho Shin Awesome International 105-22 Avenue J Brooklyn, NY 11236 RE: The tariff classification of peppermint and cerassie herbal teas, put up in sachets, from Jamaica Dear Mr. Shin: In your letter dated February 7, 2001, you requested a tariff classification ruling. The submitted samples consist of peppermint herbal tea and cerassie herbal tea, both put up in sachets. The sachets for each type of tea are, in turn, put for retail sale in cellophane-sealed paperboard boxes containing twenty four sachets. The applicable subheading for the peppermint herbal tea will be 1211.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for "[P]lants and parts of plants (including seeds and fruits), 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: Mint leaves: Other: Herbal teas and herbal infusions (single species, unmixed)." The rate of duty will be 4.8 percent ad valorem. The applicable subheading for the cerassie herbal tea sachets will be 1211.90.8080, HTS, which provides for “[P]lants and parts of plants (including seeds and fruits), 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: Other: Herbal teas and herbal infusions (single species, unmixed).” The rate of duty will be free. Articles classifiable under subheading 1211.90.4020, HTS, which are products of Jamaica, may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP 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 the Customs Web site at www.customs.gov. At the Web site, click on “CEBB,” then search for the term “GSP.” This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544. 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 Harvey Kuperstein at 212-637-7068. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division