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NY 810683

June 12, 1995

CLA-2-21:S:N:N7:228 810683


TARIFF NO.: 2106.90.9999

Mr. Robert Bieri
RB Enterprises, Inc.
605 Madison Ct.
Stafford, VA 22554

RE: The tariff classification of an energy supplement from New Zealand.

Dear Mr. Bieri:

In your letter dated May 5, 1995 you requested a tariff classification ruling.

The product, called "Fuel Cell", is a viscous liquid preparation consisting of Maltodextrine (10 grams), water, acid (E.324), preservative (E.202), and flavoring. It is to be consumed as an energy supplement by ingesting orally with a minimum of 100 milliliters of water. The product will be imported in plastic sachets containing 20 milliliters.

The applicable subheading for the energy supplement will be 2106.90.9999, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations elsewhere specified or included...other...other...other. The rate of duty will be 9.4%.

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 United States 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 sample you have submitted does 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.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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.


Jean F. Maguire
Area Director
New York Seaport

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