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Mixtures of Tea under Regulation 669/2009

There have recently been some queries regarding the clarification of flavoured tea controlled by Regulation 669/2009 as amended.

In order to assess if a product still classifies as 0902, these must be analysed case by case, based on the General Rules for the Interpretation of the Harmonized System (GIR) applicable to mixtures:

"Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3 (a), shall be classified as if they consisted of the material or component which gives them their essential character insofar as this criterion is applicable."

Explanatory Note (VIII) to this GIR reads "the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of the component material."

Based on the above, the mixtures in the tables below are still classified as tea under 0902 and subject to the presentation of a CED requirement.
 
Ingredients:
D
etailed list of each ingredient
Percentage
% of each ingredient (rounded
to the nearest tenth percent)
Country of Origin:
where each ingredient
originated
Green Tea 51.5 China
Spearmint Leaves 24.0 USA
Lemon Verbena 17.0 Paraguay
Lemongrass 6.0 Egypt, Thailand
Natural Flavour 1.5 USA

 

Ingredients:
D
etailed list of each ingredient
Percentage
% of each ingredient (rounded
to the nearest tenth percent)
Country of Origin:
where each ingredient
originated
Green Tea 76.5 China
Spearmint  8.0 USA
Lemon Verbena Leaves 8.0 Paraguay
Lemongrass 6.5 Egypt, Thailand
Natural Lemon Flavouring 1.0 USA