Classification of Vegetable Extracts, products of France.

HQ 952044 October 20,1992 CLA-2 CO:R:C:F 952044 JGH CATEGORY: Classification TARIFF No.: 1302.19.90 Mr. Paul D. Killea Building 9 Hackensack Avenue Port Kearny, New Jersey 07032 RE: Classification of Vegetable Extracts, products of France. Dear Mr. Killea: Your letter of June 11, 1992, concerns the tariff classification of vegetable extracts under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: Listed were: Phytelene of Bitter Orange EG 090 (Liquid) Phytelene of Complex EGX 251 (Liquid) Phytelene of Gentian EG 156 (Liquid) Phytelene Complex EGX 244 All of these products are described as liquid hydroglycolic plant extracts which are prepared by a proprietary process to preserve the active constituents. Phytelenes are said to be designed to be incorporated in all bases: emulsions, lotions, foams, gels, serums, masks, shampoos, bath products and make-up. They are said to be used for the prevention and treatment of stretch marks, improvement of cutaneous hydratation, accelerating the healing of wounds, reducing inflammation, and increasing blood flow. ISSUE: Classification of Phytelene vegetable extracts under the HTSUS. - 2 - LAW AND ANALYSIS: The Explanatory Notes to heading 1302 state that the heading covers saps and extracts (vegetable products usually obtained by natural exudation or by incision, or extracted by solvents), not covered more specifically in other headings. The flow chart submitted shows that the fresh, dried plant parts are subjected to a filtration process. Based on the nature of the product and the type of processing undergone, the Phytelene vegetable extracts are considered vegetable extracts for classification purposes. HOLDING: Phytelene vegetable extracts are classifiable under the provision for other vegetable saps and extracts in subheading 1302.19.9040, HTSUS, and is free of duty. Sincerely, John Durant, Director Commercial Rulings Division