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NY 881340

January 4, 1993



TARIFF NO.: 2106.90.6599

Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service Road
P.O. Box 188
Champlain, NY 12919

RE: The tariff classification of a food supplement from Canada

Dear Ms. Trombley:

In your letter dated December 15, 1992, on behalf of Distribution Alimentaire Carpe Diem, Inc. Sillery, Quebec, Canada, you requested a tariff classification ruling.

Samples accompanied your letter, were examined and disposed of. "Qualo Trim 2 Herbal Food Complement" is a powder said to be derived from a variety of plants and plant extracts, put up in gelatin capsules, with 120 such capsules in each retail-sized container. The product will be used as a food supplement, with a suggested dosage of 2 capsules in the morning and two at bedtime.

The applicable subheading for the "Qualo Trim 2" food supplement will be 2106.90.6599, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The duty rate will be 10 percent ad valorem.

Goods classifiable under subheading 2106.90.6599, HTS, which have originated in the territory of Canada, will be entitled to a 5 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.

Your inquiry does not provide enough information for us to give a classification ruling on Formoslim and Qualo Gel. Your request for a classification ruling for Formoslim should include a complete ingredients breakdown, by weight. A ruling request for Qualo Gel should include a complete chemical breakdown, by weight, and descriptive literature or other information indicating how it is used, how it works, and whether or not it has therapeutic properties.

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

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