The tariff classification of a plant product from China

N116241 August 5, 2010 CLA-2-14:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1404.90.9090 Valerie Loew Matatabby Inc. 531 W. Hill Ave. Fullerton, CA 92832 RE: The tariff classification of a plant product from China Dear Ms. Loew: In a letter submitted by NYK Logistics, on your behalf, dated May 29, 2010, and your letter dated July 19, 2010, you requested a tariff classification ruling. A product description, ingredient breakdown, and sample accompanied your first letter. Additional information was submitted with your second letter. The sample was examined and disposed of. “Kiwi Powder” is a fine brown powder said to be composed of 100 percent Polygonum aubertii, also known as Silver Vine. The product is to be used exclusively as a cat treat. The Kiwi Powder will be imported in plastic bags weighing 25 kilograms each and will be repackaged into 0.5 gram retail packets. The applicable subheading for the Kiwi Powder will be 1404.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vegetable products not elsewhere specified or included…other…other. 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/. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. These goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture and/or the Food and Drug Administration. It is suggested you contact these agencies for additional information. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division