The tariff classification of Eyebright Herb Powder from Bulgaria

N012148 June 21, 2007 CLA-2-12:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1211.90.9131 Mr. Troy Clarke CBT International, Inc. 110 West Ocean Blvd., Suite 728 Long Beach, CA 90802 RE: The tariff classification of Eyebright Herb Powder from Bulgaria Dear Mr. Clark: In your letter dated April 27, 2007 you requested a tariff classification ruling. The product in question is Eyebright Herb Powder. It is a powder made from the Euphrasia plant (Euphrasia Stricta). It is manufactured by Martin Bauer GMBH and Co., and imported in 25 kilogram cartons. Literature provided with the ruling request, indicates that the powder consists of all aerial (above ground) parts of the Euphrasia plant. A sample (Article Number 150747-30) was provided with your original request, and was examined and disposed of. The plant parts are steam treated, ground, filtered, and powdered. No additional ingredients are added to the plant materials during or after being processed into its powdered form. The finished product is indicated for use as a dietary supplement. Whereas, the literature you provided does not indicate a specific method for use, additional research by this office indicates the powder may be used as a tea, tincture or topical salve. The applicable subheading for the Eyebright Herbal Powder will be 1211.90.9131, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Plants 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… Substances having anesthetic, prophylactic or therapeutic properties and principally used as medicaments or as ingredients in medicaments: 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 may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. You may also contact them at: Food and Drug Administration 5600 Fishers Lane Rockville, Maryland 20857 Importation of this product may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:             U.S. Department of Agriculture             A.P.H.I.S., PPQ             4700 River Road, Unit 136             Riverdale, MD 20737     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, Robert B. Swierupski Director, National Commodity Specialist Division