The tariff classification of herbal teas from Canada

N248388 December 26, 2013 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9987 Ms. Wendy Diltz The Tea Brewery 405 Northwest Road Westfield, MA 01085 RE: The tariff classification of herbal teas from Canada Dear Ms. Diltz: In your letter dated December 1, 2013 you requested a tariff classification ruling. Ingredient breakdowns for three products, and packaging labels for the four types of “tea” were submitted with your letter. “Grass Roots” contains rooibos, lemon grass, ginger root, safflower petals, and cornflower petals. “Peppermint Blush” contains rooibos, peppermint, rose petals, and natural flavoring. “Coconut Key” contains rooibos, coconut, toffee bits, and natural flavoring. “Lemon Grove Green” contains green tea, lemon grass, lemon peel, and natural flavoring. The tea is packaged for retail sale loose in 100 gram (3.5 ounce) tins. The products are prepared by mixing the dry base tea (rooibos leaves) with the other blending components. If it requires flavoring, it is sprayed on as they are blending. The blend is then left to rest for 3 or 4 days to let the flavor absorb before it is packaged. The applicable subheading for the Grass Roots, Peppermint Blush, and Coconut Key will be 2106.90.9987, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … other … other … herbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 6.4 percent ad valorem. 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 the 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 Web site ww.fda.gov/oc/bioterrorism/bioact.html. Your inquiry does not provide enough information for us to give a classification on the Lemon Grove Green tea. Your request for a classification should state whether or not the Lemon Grove Green tea product contains fermented green tea. When this information is available, you may wish to consider resubmission of your request. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division