HQ 952044: Classification of Vegetable Extracts, products of France.

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 952044

                           October 20,1992

CLA-2 CO:R:C:F 952044  JGH

CATEGORY: Classification

TARIFF No.:  1302.19.90

Mr. Paul D. Killea
Building 9 Hackensack Avenue
Port Kearny, New Jersey  07032

RE: Classification of Vegetable Extracts, products of France.

Dear Mr. Killea:

     Your letter of June 11, 1992, concerns the tariff
classification of vegetable extracts under the Harmonized Tariff
Schedule of the United States (HTSUS).

FACTS:

     Listed were:

          Phytelene of Bitter Orange EG 090 (Liquid)
          Phytelene of Complex EGX 251 (Liquid)
          Phytelene of Gentian EG 156 (Liquid)
          Phytelene Complex EGX 244

     All of these products are described as liquid hydroglycolic
plant extracts which are prepared by a proprietary process to
preserve the active constituents.  Phytelenes are said to be
designed to be incorporated in all bases: emulsions, lotions,
foams, gels, serums, masks, shampoos, bath products and make-up.
They are said to be used for the prevention and treatment of
stretch marks, improvement of cutaneous hydratation, accelerating
the healing of wounds, reducing inflammation, and increasing
blood flow.

ISSUE:

     Classification of Phytelene vegetable extracts under the
HTSUS.






                             - 2 -

LAW AND ANALYSIS:

     The Explanatory Notes to heading 1302 state that the heading
covers saps and extracts (vegetable products usually obtained by
natural exudation or by incision, or extracted by solvents), not
covered more  specifically in other headings.  The flow chart
submitted shows that the fresh, dried plant parts are subjected
to a filtration process.

     Based on the nature of the product and the type of
processing undergone, the Phytelene vegetable extracts are
considered vegetable extracts for classification purposes.

HOLDING:

     Phytelene vegetable extracts are classifiable under the
provision for other vegetable saps and extracts in subheading
1302.19.9040, HTSUS, and is free of duty.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division