The tariff classification of White Tea Extract P.E. 80% from China

N046381 December 12, 2008 CLA-2-21:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2101.20.2000 Mr. Jonathan A. Selzer HerbaSway Laboratories 101 North Plains Industrial Road Wallingford, CT 06492 RE: The tariff classification of White Tea Extract P.E. 80% from China Dear Mr. Selzer: In your letter dated December 8, 2008 you requested a tariff classification ruling. The subject merchandise is described as White Tea Extract P.E. 80%. It is a water/alcohol extract of white tea leaves. The extract is standardized to a polyphenol content of 80 percent, a caffeine content of less than 3 percent and EGCG (epigallocatechin gallate) content of greater than 25 percent. The extract is dried to remove all water and ethanol and is in powder form. The white tea extract will be used as an ingredient in the production of liquid dietary supplements made in the United States. The applicable subheading for the White Tea Extract P.E. 80% will be 2101.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Extracts, essences and concentrates. The rate of duty will be free. 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 National Commodity Specialist Division