Oct. 6 CBP Bulletin Proposes to Modify Rulings on Rooibos Tea
In the Oct. 6 Customs Bulletin (Vol. 55, No. 39), CBP published a proposal to modify rulings on rooibos tea.
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Comments on Proposals Due Nov. 5
CBP said consideration will be given to any written comments received by Nov. 5 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Rooibos Tea
| Item: Tea made from the plant rooibos |
| Current: 1211.90.40, 4.8%, “Plants and parts of plants (including seeds and fruits), of a kind used primarily for perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh, chilled, frozen or dried, whether or not cut, crushed or powdered: Other: Mint leaves: Other.” |
| Proposed: 1211.90.92, free, “Plants and parts of plants (including seeds and fruits), of a kind used primarily for perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh, chilled, frozen or dried, whether or not cut, crushed or powdered: Other: Other: Fresh or dried.” |
| Reason: While the “Rooibos Tea” is derived from the “plants or parts of plants” of heading 1211, and is an “herbal tea [or] herbal infusion” made from a single plant species, there is no information to suggest that the “Rooibos Tea” at issue contains any mint leaves. Additionally, there is no information, legal or biological, to suggest that mint (Mentha) and rooibos (Aspalathus) are similar enough to one another that they could be classified interchangeably. |
| Proposed for modification: NY N280540, dated Nov. 18, 2016 |
| Proposed new ruling: HQ H320527 |