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NY A85877

October 18, 1996

CLA-2-21:RR:NC:2:228 A85877


TARIFF NO.: 2106.90.9998

Mr. Samuel R. DeLuca, Jr.
DeLuca & Taite
3451 Kennedy Boulevard
Jersey City, NJ 07307-3034

RE: The tariff classification of food supplements from China

Dear Mr. DeLuca:

In your letters dated June 12, 1996 and July 22, 1996, on behalf of CAECE International Inc., Union City, NJ, you requested a tariff classification ruling.

Two samples, and a description of the manufacturing process, were submitted with your June letter. Additional samples were submitted on October 3, 1996. The first set of samples were forwarded to the U.S. Customs laboratory for analysis; the second set were examined and disposed of. Yiling Jing and Shenglong Huo Hu Jing are liquids composed of a variety of plant extracts, put up in 10-milliliter glass vials, for use as food supplements.

The applicable subheading for these two 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.

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 samples you have submitted do 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. 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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