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NY D82290

September 25, 1998

CLA-2-21:RR:NC:2:228 D82290


TARIFF NO.: 2106.90.9998

Mr. Patrick K. McCooey
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022-4223

RE: The tariff classification of a food supplement from Japan

Dear Mr. McCooey:

In your letter dated September 8, 1998 you requested a tariff classification ruling.

A sample and descriptive literature was submitted with your letter. The sample was examined and disposed of. Monacolin Powder 8000F is a red powder said to be composed of 90 percent dextrin and 10 percent powdered monascus metabolite. It is further described as preparation of monascus extract obtained through filtration, concentration, and sterilization of cultivated Monascus pilosus, the bacteria of which is separated and removed, and blended with dextrin as a filler. Monacolin Powder 8000F will be used as a dietary supplement.

The applicable subheading for the Monacolin Powder 8000F 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 7.6 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 that agency directly for more 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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