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NY A82970

May 10, 1996

CLA-2-21:RR:NC:FC:228 A82970


TARIFF NO.: 2106.90.9998; 3004.90.9030; 3304.99.5000

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

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

Dear Mr. Nacachian:

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

Five samples, submitted with your letter, were examined and disposed of. Artichoke Herbal Pills are white discs said to be composed of artichoke powder and dry artichoke extract. Supr-IM Formula are clear gelatin capsules, filled with a dry powder, said to be a mixture of five different herbs. Both products are put up in plastic containers, with a recommended dosage of one to two capsules or pills, three times a day. Chol-Guard Fibre Drink is a dry, brown substance, in the form or small, thin, fragile flakes. The stated ingredients are high-pectin apple extract, apple fiber, and lemon. According to package directions, one tablespoon of this product is to be mixed with water, fruit juice or milk, and, after allowing the mixture to stand for one to two minutes, drunk. It is recommended that the product be taken two to three times a day. Valerian Herbal Tablets are white discs said to contain valerian root extract and hop extract. This product is described as a sleeping aid, with a recommended dosage of two tablets shortly before going to bed. Dr. Weindrich's 101 Liquid Herbs is a pale green liquid put up in a glass bottle containing 3.4 fluid ounces. It is described as a concentrated, multi-purpose massage oil, based on herbs, roots, berries, and other plant extracts.

The applicable subheading for the Artichoke Herbal Pills, Supr-IM Formula, and Chol-Guard Fibre Drink 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.

The applicable subheading for the Valerian Herbal Tablets will be 3004.90.9030, 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...medicaments primarily affecting the central nervous system...anticonvulsants, hypnotics and sedatives. The rate of duty will be free.

The applicable subheading for Dr. Weindrich's 101 Liquid Herbs will be 3304.99.5000, HTS, which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations...other...other...other. The rate of duty will be 2.9 percent ad valorem.

These products may be subject to restrictions imposed by the United States Food and Drug Administration (FDA). For additional information, it is suggested you contact the FDA at 5600 Fishers Lane, Rockville, MD 20857, telephone number (202) 443-3380.

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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