The tariff classification of Herbal Concentrate Tea Original sku#1195KS

N218517 June 13, 2012 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9090 Ms. Sandra R. Calloway Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of Herbal Concentrate Tea Original sku#1195KS Dear Ms Calloway: In your letter dated May 22, 2012, you requested a classification ruling. Samples of the product were submitted with your letter and are being returned to you. The subject merchandise is described as Herbal Concentrate Tea sku#1195KS. When the product is mixed with water it makes a hot or cold beverage. The main ingredients in the products are: maltodextrin, fructose powder, orange pekoe extract, natural lemon peel flavoring, green tea extract, cocoa power, hibiscus flower powder and malva sylvestris extract. This product is in powder form, put up for retail sale in plastic bottles containing 100 grams. The applicable subheading for the Herbal Concentrate Tea Original sku#1195KS will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa…Other…Other…Other. The general rate of duty will be 6 percent ad valorem. 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. 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 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, Thomas J. Russo Director National Commodity Specialist Division