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July 2, 1999

CLA-2-22:RR:NC:SP:232 E83205

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Yoko Tahara
Enzamin USA, Inc.
6807-E NE 79th Court
Portland, OR 97218

RE: The tariff classification of “eNZANADU Natural Skin Rejuvenating Drink” from Japan

Dear Ms. Tahara:

In your letter dated June 8, 1999, you requested a tariff classification ruling.

Samples and descriptive literature were submitted with your request. The merchandise in question is “eNZANADU Natural Skin Rejuvenating Drink” in two flavors: sunny citrus and berry good night. These products, which are described as dietary supplements, will be imported ready-to-drink in 3.5 ounce glass bottles with screw-off caps. The eNZANADU sunny citrus drink is said to contain water, sorbitol, sugar, bacillus natto from cultured soy beans, collagen, ascorbic acid, malic acid, caramel, salt, ginkgo, citric acid, lactic acid, natural flavors, and a variety of vitamins and minerals. The eNZANADU berry good night drink is stated to consist of water, sorbitol, sugar, bacillus natto from cultured soy beans, collagen, ascorbic acid, malic acid, caramel, salt, Japanese valerian, citric acid, lactic acid, natural flavors, and a variety of vitamins and minerals.

The applicable subheading for the “eNZANADU Natural Skin Rejuvenating Drink” will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The rate of duty will be 0.2 cents per liter.

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.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, SW Washington, D.C. 20204

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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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