HQ 952455: Tariff classification of a mixture of herbs which, after importation, is used to make a hygienic rinse or douche

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 952455

                        December 17, 1992

CLA-2 CO:R:C:F 952455K

CATEGORY: Classification

Tariff No: 1211.90.8090

E. Zuzanna Moore, Ph.D.
Medical Systems International Co.
2972 Valley View Ln.
Dallas, Texas 75234

RE: Tariff classification of a mixture of herbs which, after
    importation, is used to make a hygienic rinse or douche

Dear Doctor Moore:

     The following is in response to your request of July 10,
1992, for a ruling concerning the tariff classification of
"Vagosan" consisting of a mixture of dried and cut herbs. 
Samples were submitted.

FACTS:

     "Vagosan" is described as a natural product containing a
mixture of dried and cut herbs composed of marigold, chamomile,
nettle, bistort, salvia [sage], and oak.  No other substances
have been added to the mixture.  The merchandise will be marketed
in bulk packaging containing 100 grams of the herbal mixture and
in large "tea bags" containing 10 grams of the mixture.  After
importation, the herbs are boiled in water and used externally as
a rinse or douche to relieve symptoms of itching and burning
associated with irritations caused by condom usage, spermicidal
gels, other birth control and disease protective measures, and
everyday use for natural hygienic washes.

ISSUE:

     What is the tariff classification of natural dried and cut
herbs which, after importation, are used to make hygienic washes
or douches?

LAW AND ANALYSIS:

     Heading 1211, Harmonized Tariff Schedule of the United
States (HTSUS), 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
                               -2-

purposes, fresh or dried, whether or not cut, crushed or 
powdered.  Subheading 1211.90.80, HTSUS, further provides for
other substances having anesthetic, prophylactic or therapeutic
properties and principally used as medicaments.  Herbs are parts
of plants.  No other substance has been added to the mixture of
various species of herbs.  A mixture of various species of
natural herbs is not excluded from heading 1211 and the
subheadings.  The Explanatory Notes to the Harmonized Commodity
Description and Coding System, a guideline for use in determining
classification under HTSUS, are ambiguous concerning the possible
exclusion from heading 1211 of a mixture of various species of
natural herbs and is therefore not controlling.  Accordingly, the
mixture of natural herbs is classifiable under subheading
1211.90.8090, HTSUS, free of duty.

     The merchandise may be subject to the requirements of the
Food and Drug Administration.  To obtain information, 
correspondence should be addressed to Over the Counter
Compliance, Food and Drug Administration, HFD 312, 7500 Standish
Place, Rockville, Maryland 20855 (phone number 301-295-8065).

HOLDING:

     A mixture of various species of natural cut and dried herbs
is classifiable as other plants and parts of plants having
anesthetic, prophylactic or therapeutic properties and
principally used as medicaments or as ingredients in medicaments,
under subheading 1211.90.8090, HTSUS, free of duty. 

                         Sincerely




                         John Durant, Director
                         Commercial Rulings Division