The tariff classification of Unmixed Herbal Tea Infusion and Milk Thistle Seed from China

N246927 November 15, 2013 CLA-2-12:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1211.90.9180, 1211.90.9190 Ms. Letitia Antosz Tessara Tea LLC 50164 Pontiac Trail Unit No. 5 Wixom, MI 48393 RE: The tariff classification of Unmixed Herbal Tea Infusion and Milk Thistle Seed from China Dear Ms. Antosz: In your letter dated October 16, 2013, you requested a tariff classification ruling. The subject merchandise is four varieties of herbal teas. The first product is composed of the leaves of the Gynostemma plant. The second product consists of the roots of the Dandelion plant. The third product is made of the fruit of the Rose plant also known as the rose hip. Each product is composed of a single herb species. You have stated in your letter that the leaves, roots and flowers of each of the tea type have been sun-dried and cut prior to importation. The fourth tea is composed of the seed of the Milk Thistle plant. You have stated that the seeds will be whole and sun-dried prior to importation. The principal use of each of the four products will be as herbal teas. The applicable subheading for the Gynostemma leaves, Dandelion roots and Rose hip single herb teas will be 1211.90.9180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments: Other: Herbal teas and herbal infusions (single species, unmixed). The rate of duty will be Free. The applicable subheading for the Milk Thistle Seed will be 1211.90.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments: 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/. 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 (301) 575-0156, or at the website www.fda.gov/oc/bioterrorism/bioact.html.Additionally, please note that the importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). The Department of Agriculture may be contacted at: U.S. Department of Agriculture - APHIS, VS, NCIE Products Program - 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone Number: 301-734-3277 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division