In the Oct. 6, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify rooibos tea as herbal teas under HTSUS 1211.90.9280 (duty-free) rather than as herbal teas made from mint leaves under HTSUS 1211.90.4020 (4.8 percent duty).

CBP explains that there is no information to suggest that the rooibos tea at issue contains any mint leaves. There is also no information, legal or biological, to suggest that mint and rooibos are similar enough to one another that they could be classified interchangeably.

Ruling NY N280540 would be modified to reflect this change in classification. Comments on this proposal are due no later than Nov. 6.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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