HQ 087380: Pompadour Herbal Teas

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          HQ 087380

                       October 5, 1990
CLA-2 CO:R:C:G 087380 SLR

CATEGORY: Classification

TARIFF NO.: 2106.90.6087

Mr. Hans Eggeling
Vice President
Harry W. Hamacher, Inc.
99 Hudson Street
New York, NY  10013

RE:  Pompadour Herbal Teas

Dear Mr. Eggeling:

     This ruling is in response to your letter of June 13, 1990,
requesting the classification of various herbal teas under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  Samples were provided for our inspection.

FACTS:

     The submitted samples consist of three types of herbal teas.
The products are put up in retail packages containing 20 or 25
individually wrapped tea bags.  The "Apple & Fruit Tea" consists
of apples, hibiscus flowers, orange peels, apple flavor, citric
acid, and lemon peels.  The "Mixed Fruit & Herbs" tea is made
from rose hips, hibiscus flowers, dried apples, orange peels,
elder fruits, and peppermint leaves.  The "Rosehip and Hibiscus
Flowers" tea is a blend of the two stated ingredients.

ISSUE:

     What is the proper classification of the herbal teas under
the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.

     Although not legally binding, the Explanatory Notes to the
Harmonized Tariff Schedule represent the official interpretation
of the tariff at the international level.  They offer guidance in
understanding the scope of the HTSUSA provisions.
                              -2-

     Heading 0902, HTSUSA, provides for tea.  The Explanatory
Note to heading 0902 indicates that the heading "covers the
different varieties of tea derived from the shrubs of the
botanical genus Thea."  The Note, however, further provides
that the heading:

          [E]xcludes products not derived from the shrubs
          of the botanical genus Thea but sometimes called
          "teas", e.g., * * * (b) Products for the making of
          herbal infusions or herbal "teas" (other than
          medicinal "teas").  These are classified,
          for example, in heading 08.13, 09.09,
          12.11 or 21.06.  * * *

     Heading 2106, HTSUSA, provides for food preparations not
elsewhere specified or included.  The Explanatory Note to heading
2106 indicates that that heading includes:

          Products consisting of a mixture of plants
          or parts of plants (including seeds or fruits)
          of different species or consisting of plants or
          parts of plants (including seed or fruits)
          of a single or different species mixed with
          other substances such as one or more plant
          extracts, which are not consumed as such,
          but which are of a kind used for making
          herbal infusions or herbal "teas", including
          products which are claimed to offer relief
          from ailments or contribute to general
          health and well-being.

     The products here are described by the above note.  They
consist of mixtures of parts of plants of different species, some
mixed with other substances such as flavoring and citric acid,
and all are used to make herbal teas.

HOLDING:

     The products in question are classifiable in subheading
2106.90.6087, HTSUSA, which provides for food preparations not
elsewhere specified or included, other, herbal teas and herbal
infusions comprising mixed herbs.  The applicable rate of duty
is 10 percent ad valorem.


                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division