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NY 863251

May 16, 1991



TARIFF NO.: 2106.90.6099

Mr. Yves Normandin
Bee-Yves Distribution, Inc.
3155 St. Charles Blvd.
Kirkland, Quebec H9H 3B8 Canada

RE: The tariff classification of a food supplement from Canada

Dear Mr. Normandin:

In your letter dated May 7, 1991, you requested a tariff classification ruling.

Samples accompanied your letter, were examined and disposed of.
"Telergon" is a liquid consisting of distilled water, ethanol, honey, royal jelly, and natural flavor, put up in glass ampoules containing .18 ounce (5 ml). The product will be marketed as a health food supplement, with a suggested dosage of one vial per day, mixed in a glass of liquid.

The applicable subheading for the Tellergon royal jelly food supplement will be 2106.90.6099, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The duty rate will be 10 percent ad valorem.

Goods classifiable under subheading 2106.90.6099, HTS, which have originated in the territory of Canada, will be entitled to a 7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

If this merchandise is determined to be suitable for use as a beverage, it may be subject to Internal Rvenue Taxes. It is suggested you contact the Bureau of Alcohol, Tobacco and Firearms, 6500 Massachusetts Avenue, Washington, D.C. 20226, for a decision on this matter.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the U.S. must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).


Jean F. Maguire
Area Director

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