The tariff classification of Liquid Devil's Claw from the United Kingdom

NY C86018 April 6, 1998 CLA-2-13:RR:NC:2:238 C86018 CATEGORY: Classification TARIFF NO.: 1302.19.4040 Ms. Susan King James J. Boyle & Co. 7505 N.E. Ambassador Place, #B Portland, OR 97220 RE: The tariff classification of Liquid Devil's Claw from the United Kingdom Dear Ms. King: In your letter dated March 16, 1998, on behalf of your client, Toklat Originals, Inc., you requested a tariff classification ruling. Although your letter requests "further consideration of two items on New York Ruling Letter C89215," which was issued to you, on behalf of Toklat Originals, Inc., a perusal of that ruling shows that Liquid Devil's Claw (i.e., the product which is now the subject of this ruling letter) was not one of the items ruled upon in NY C82915, due to the requirement for the submission of additional information from your client. Accordingly, your request for this office to reconsider the tariff classification of Liquid Devil's Claw is being treated as an initial ruling request on the subject product. For information concerning the other item in question (i.e., spray-dried garlic flakes), you should contact National Import Specialist Stanley Hopard at 212-466-5760. The submitted sample, Liquid Devil's Claw, consists of a brownish-colored liquid put up in a one (1) liter, reusable, plastic dispenser. You describe the product in your letter as an herbal equine feed supplement, not meant nor marketed for human consumption. According to your letter and the submitted flow chart, the liquid consists of an extract, obtained by subjecting the roots of Devil's Claw (Harpagophytum procumbens) to solvent extraction with a water/alcohol mixture. The label affixed to the dispenser lists the ingredients as "Devil's Claw, Water, Ethyl Alc. 25%" (i.e., the basic extract). No additional ingredients are listed. The label also indicates that the extract is intended for use as a daily feed additive for the nutritional maintenance of healthy joints and bones in horses and dogs (the dosage varying with the type and size of animal). You state in your letter that the product can either be added to the animal's feed or squirted directly into its mouth. According to the Dictionary of Economic Plants (Second Edition), "The tuber (of Harpagophytum procumbens) is much prized as a medicine among the Europeans, Hotentots, Bantus and Busman. An infusion is used to (provide) relief from fevers. An ointment is applied to ulcers, sores and boiles (sic). Taken by mouth it is supposed to produce purgation." The applicable subheading for the subject product will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other." The rate of duty will be 1.2 percent ad valorem. This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553. 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 Harvey Kuperstein at 212-466-5770. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division