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NY B89532

September 22, 1997

CLA-2-21:RR:NC:2:228 B89532


TARIFF NO.: 2106.90.9998

Mr. Daniel F. Angevine
Excel International Co.
147-48 182nd Street
Jamaica, NY 11413

RE: The tariff classification of a food supplement from Australia

Dear Mr. Angevine:

In your letter dated September 10, 1997, on behalf of Kolon America Inc., New York, NY, you requested a tariff classification ruling.

Samples and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Nature's Glory brand Royal Jelly King is a human food supplement in the form of pale white liquid, composed of 60.6 percent water, 25 percent honey, 6 percent royal jelly, and less than one percent each of sodium carboxymethyl cellulose, rosehip syrup, citric acid, citrus seed oil, almond flavor and apple flavor. The product is put up in a glass bottle containing 50 milliliters, ten bottles in a cardboard box.

The applicable subheading for this product 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 8.2 percent ad valorem.

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.

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.


Robert B. Swierupski

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