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NY 886743





June 15, 1993

CLA-2-30:S:N:N7:238 886743

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.50.4000; 3004.90.6003

Mr. Chris Reinke
Racing Pigeon Bulletin
American Racing Pigeon News
34 East Franklin Street
Bellbrook, OH 45305

RE: The tariff classification of "Vitamineral", "Naturavit Plus" and "Natural Electrolit", medicaments for pigeons, put up in forms or packings for retail sale, from Belgium

Dear Mr. Reinke:

In your letter dated May 25, 1993, you requested a tariff classification ruling.

"Vitamineral" is a multi-vitamin/mineral supplement for pigeons, containing, among other things, vitamins B2, B12, and E. It is described in the product pamphlet as serving to maintain mineral and vitamin reseves vital to a pigeon's metabolism. According to the pamphlet, pigeons ingest this product as needed. The product is in powdered form, and will be imported put up in small cardboard boxes for retail sale.

"Naturavit Plus" is a multi-vitamin supplement for pigeons, also containing, among other things, vitamins B2, B12 and E. The product pamphlet indicates that regular administration protects pigeons against avitaminosis, resulting in maximum racing performance. The product is in liquid form, and will be imported put up in plastic bottles for retail sale.

"Natural Electrolit" is a mixture of electrolytes and glucose, for use by pigeons, which is described in the product pamphlet as stimulating rapid recovery after the efforts of racing and transportation. The product, which is in powdwered form, will be imported put up in satchets for retail sale.

With respect to the two remaining products submitted, namely: "Natural Tea" and "Naturaline", please be advised that a ruling cannot be issued without the submission of a complete listing of all the ingredients used in the formulation of each product.
The applicable subheading for "Vitamineral" and "Naturavit Plus" will be 3004.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other medicaments containing vitamins or other products of heading 2936: containing vitamins synthesized wholly or in part from aromatic or modified aromatic industrial organic compounds: other. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for "Natural
Electrolit" will be 3004.90.6003, HTS, which provides for medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: other: other: for veterinary use. The rate of duty will be 6.3 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, MD 20857, telephone number (202) 443-3380.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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