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NY 816921




December 8, 1995

CLA-2-19:RR:NC:FC:228 816921

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095; 2106.90.9999

Mr. Michael Bowers
M. Bowers & Co., Inc.
521 Ala Moana Blvd., #210
Honolulu, HI 96813

RE: The tariff classification of food supplements from Japan

Dear Mr. Bowers:

In your letter dated November 22, 1995, on behalf of Umeken Hawaii Imports, Honolulu, HI, you requested a tariff classification ruling.

Samples and technical information were submitted with your letter. The samples were examined and disposed of. All products are human food supplements, in tablet form, put up for retail sale in sealed foil pouches. "CPP Milk Calcium" is a small, white disc composed of milk calcium powder (i.e., dried lactic whey), lactose, casein phospho peptide, yogurt flavor, and vitamin D3. "Moist-Skin" is a pink, triangular-shaped tablet, said to contain shark chondroitin, oyster extract, fruit extract, iron peptide, vitamin E, cellulose, sugar ester, silicon dioxide, and maltitol syrup, in a coating of pearl calcium and barley malt. "Diet Metaballs" are brown-colored spheres said to contain gymnema extract powder, cyclic-dextrin, soybean peptide, orange peel powder, red pepper, curry powder, ginger powder, vitamin B, eggshell calcium, honey and rice powder.

The applicable subheading for the CPP Milk Calcium will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404...other...other...other. The rate of duty will be 9.4 percent ad valorem.

The applicable subheading for the Moist-Skin and Diet Metaballs will be 2106.90.9999, HTS, which provides for food preparations not elsewhere specified or included...other...other ...other. The rate of duty will be 9.4 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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