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NY A82968

May 10, 1996

CLA-2-21:RR:NC:FC:228 A82968


TARIFF NO.: 2106.90.9998

Mr. Mike Nacachian
Naka Sales Ltd.
53 Queens Plate Drive Unit #3
Etobicoke, Ontario Canada M9W 6P1

RE: The tariff classification of food supplements from Germany and Canada

Dear Mr. Nacachian:

In your letter dated April 15, 1996 you requested a tariff classification ruling.

Two samples, a product brochure, and package labels were submitted with your letter. The samples were examined and disposed of. Gelatina is a white powder, said to be composed of protein hydrolysate (hydrolysed gelatin), fructose, citric acid, and flavorings. Gelatina is packed in foil-lined pouches containing 12 grams each, 20 such pouches to a box, and will be mixed with water or fruit juice. Milk Thistle Liquid is a viscous brown liquid, put up in a glass bottle containing 330 milliliters. The stated ingredients are milk thistle extract, sea buckthorn berry pulp, fructose, potassium sorbate, and vitamin C. The suggested dosage is one tablespoon, three times a day. Mariendistel Capsules, HB-CRC Formula, and Art-R Formula are described as gelatin capsules containing a variety of dried herbs and herbal extracts. The capsules are packed in plastic containers, with a recommended dosage of one to two capsules, three times a day.

The applicable subheading for these five products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 8.8 percent ad valorem.

This ruling is being issued under the provisions of Part 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.


Roger J. Silvestri

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