The tariff classification of Lotus Leaf Extract 50 percent, from China

N060119 May 20, 2009 CLA-2-13:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 1302.19.9140 Mr. Jonathan Selzer HerbaSway Laboratories LLC 101 North Plains Industrial Road, Bldg 3 Wallingford, CT 06492-5835 RE: The tariff classification of Lotus Leaf Extract 50 percent, from China Dear Mr. Selzer: In your letter dated May 6, 2009, you requested a tariff classification ruling. The subject product, Lotus Leaf Extract 50 percent, is a water and alcohol based extract of lotus leaves (Nelumbo nucifera). This ruling is based on the additional information requested by this office on April 22, 2009 which was supplied with the revised ruling request. The leaves are dried, crushed, extracted via solvent, filtered, concentrated and finally dried to a powder. The extract is standardized to a polyphenol (flavonoids) content of 50 percent. You state that the product is very bitter and not suitable for human consumption in its imported state. In addition to the polyphenol content indicated above, the extract contains water, protein, carbohydrate and alkaloids, all of which are left over from the original plant. These substances make up the balance of the extract as imported. The extract will be used as an ingredient in the production of dietary supplements. The applicable subheading for the “Lotus Leaf Extract 50 percent” will be, 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be Free. This merchandise may be 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division