The tariff classification of "Nirdosh" brand herbal cigarettes from India.

NY M84719 July 31, 2006 CLA-2-24: RR: NC: SP: 231 M84719 CATEGORY: Classification TARIFF NO.: 2402.90.0000 Mr. Ricardo M. Ortiz Geologistics Americas Inc. World Cargo Building C (Suite11/12) Sector Central Road 575 Carolina, P.R. 00979 RE: The tariff classification of “Nirdosh” brand herbal cigarettes from India. Dear Mr. Ortiz: In your letter dated June 20, 2006, on behalf of your client Javier Lopez you requested a tariff classification ruling. The merchandise sample consists of a pack of 10 “Nirdosh” brand cigarettes, which are made of natural herbs and contain no tobacco or nicotine. The herbal ingredients include Valerian root, Tamalpatra leaves, Licorice root, Saussurea lappa root, Ocimum sanctum leaves, Tutmeric leaves, Guggulu (gum resin), Apium graveolens leaves and Coromandel ebony leaves. You indicate that this type of cigarette can be used as an alternative method to limit or stop the traditional addictive tobacco “smoking habit.” The applicable subheading for these herbal cigarettes will be 2402.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes, other. The rate of duty will be $1.05/kg + 2.3 percent. 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/. An examination of the sample reveals, on the side of the pack, what appears to be an endorsement for smoking these herbal cigarettes for “better health.” Further, an insert found inside the package states that “Nirdosh” brand cigarettes “help the body’s defense mechanism against diseases” and “relieves symptoms of sinusitis and bronchitis.” Such claims of medicinal efficacy on, or in, an herbal cigarette package may subject that product to regulations and restrictions administered by the U.S. Food and Drug Administration. We would suggest that you contact that agency for guidance in labeling. 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 Thomas Brady at 646-733-3030. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division