The tariff classification of various plants and parts of various plants, imported in dried form, dry-powder form, and sap-form, from Peru

NY G86720 February 20, 2001 CLA-2-12:RR:NC:2:238 G86720 CATEGORY: Classification TARIFF NO.: 1211.90.8090; 1302.19.9040 Mr. John Stachon AZ-PR Export/Import Co. P.O. Box 941 Williams, AZ 86046 RE: The tariff classification of various plants and parts of various plants, imported in dried form, dry-powder form, and sap-form, from Peru Dear Mr. Stachon: In your letter dated December 20, 2000, resubmitted on January 24, 2001, you requested a tariff classification ruling. The subject products consist of the following: the dried bark from Uncaria tomentosa (Spanish name: “Una de gato,” English name: “Cat’s claw”); the dried bark from Maytinus macrocarpa (Spanish name: “Chuchuhuasi,” English name: “Mayten”); the dried leaves of Bixa orellana (Spanish name: “Achiote,” English name: “Anato”); the dried leaves of Ephedra americana (Spanish name: “Pinco-pinco,”English name: “Ephedra”); the dried leaves of Tiquilia paronychioides (Spanish name and English name: “Flor de arena”); the dried leaves of Gentiana nitida (Spanish name: “Hercampuri,” English name: “Gentianella”); the dried leaves of Desmodium molliculum (Spanish name: “Manayupa,”English name: “Desmodium”); and the dried leaves of Tabebuia serratifolia (Spanish name: “Tahuari,” English name: “Milktree”); the sap of Croton lechleri (Spanish name: “Sangre de grado,” English name: “Croton”); the root, in powder form, of Lepidium peruvianum ch. (Spanish name: “Maca,” English name: “Pepperwort”); the dried stems and leaves of Adiantum capillus ven. (Spanish name: “Culantrillo de pozo,” English name: “Maidenhair”); and Phyllanthus niruri (the whole plant, in dried form) (Spanish name: “Agracejo,” English name: “Phyllanthus”). With the exception of the sap obtained from Croton lechleri, the applicable subheading for each product listed above will be 1211.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for "[P]lants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered: Other: Other: Other: Other." The rate of duty will be free. The applicable subheading for the sap obtained from Croton lechleri will be 1302.19.9040, HTS, which provides for “[V]egetable saps and extracts: Other: Other: Other.” The rate of duty will be free. 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 301-443-1544. In addition, the dried Ephedra leaves may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact them at 1405 I Street N.W., Washington, D.C. 20460, telephone number (202) 307-1000. 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 212-637-7068. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division