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NY E82504

June 7, 1999

CLA-2-21:RR:NC:2:228 E82504


TARIFF NO.: 2106.90.9998

Ms. Brigit Hamanaka
Ken Hamanaka Co., Inc.
5777 West Century Blvd.
Suite 760
Los Angeles, CA 90045

RE: The tariff classification of a dietary supplement from Australia.

Dear Ms. Hamanaka:

In your letter dated May 10, 1999, on behalf of Cottee Dairy Products Pty Ltd., Gordon, Australia, you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. The product, “Cottee Dairycal” is a calcium supplement in tablet and powder form, manufactured from fresh pasteurized milk, and available in three flavors. Each contains calcium, vitamin D, glucose, sucrolose, citric acid, vanilla flavor, magnesium stereate, and colloidal silica. The forest berry flavor is also said to contain black current, raspberry, and strawberry juice powder. The orange flavor also contains orange flavoring, and the strawberry flavor also contains strawberry flavoring and iron oxide red. The supplements are put up in PET bottles, containing 60 or 100 tablets per bottle, or in sealed cartons containing 10,000 tablets per carton. The powder is put up in sealed, lined, multi-walled paper bags containing 25 kilograms, net weight.

The applicable subheading for the calcium supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedÂotherÂotherÂother. The rate of duty will be 7 percent ad valorem.

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 212-637-7065.


Robert B. Swierupski

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