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NY C80284

October 27, 1997

CLA-2-21:RR:NC:2:228 C80284


TARIFF NO.: 2106.90.9998

Mr. Warren Lancaster
Novogen, Inc.
6 Landmark Square
Stamford, CT 06901

RE: The tariff classification of a food supplement from Australia

Dear Mr. Lancaster:

In your letter dated October 1, 1997 you requested a tariff classification ruling.

Samples and descriptive and technical literature were submitted with your letter. The samples were examined and disposed of. The product, "Promensil," is in the form of 500 milligram tablets, each of which contains between 200 and 230 milligrams of the dried, aqueous extract of Trifolium pratense (red clover). The extract is said to contain high levels of the estrogenic isoflavones formononetin, daidzein, biochanin, and genistein. Promensil will be marketed as a dietary supplement to help women maintain adequate levels of estrogen. The tablets may be imported in bulk or put up for retail sale. When for retail sale, the tablets will be mounted on foil-backed cards, thirty tablets to a box.

The applicable subheading for the Promensil tablets 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 duty rate 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.

Your inquiry does not provide enough information for us to give a classification ruling on the Promensil extract. Your request for a classification ruling should include a complete description of the manufacturing process, including a manufacturer's process flow chart.

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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