The tariff classification of Ilex Guayusa Tea from Ecuador

N092736 February 17, 2010 CLA-2-09:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 0903.00.0000 Ms. Donna Powers Bowe Patrick Powers Customs Brokers, Inc. 27 Blake Avenue Lynbrook, NY 11563 RE: The tariff classification of Ilex Guayusa Tea from Ecuador Dear Ms. Bowe: In your letter dated January 28, 2010, you requested a tariff classification ruling, on behalf of your client, Runa, LLC, of Rhode Island. Samples and descriptive literature accompanied your letter. The samples you submitted were examined and returned as per your request. The subject merchandise is said to be the dried tea leaf from Ilex Guayusa, an Amazonian tree of the holly genus, native to Ecuador. The dried leaves will be imported into the United States in large sacks where they will be sent to a domestic mill for repackaging into “tea pyramid bags.” The applicable subheading for Ilex Guayusa Tea will be 0903.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mate. 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 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 www.fda.gov/oc/bioterrorism/bioact.html. 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 Frank Troise at 646-733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division