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August 12, 1999

CLA-2-21:RR:NC:2:228 E85500

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Carmen Jurikova
Export Import Holdings
4920 Highway 9, Suite 220
Atlanta, GA 30004

RE: The tariff classification of a health supplement from the Slovak Republic.

Dear Ms. Jurikova:

In your letter dated July 28, 1999, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Vitaglucan Elixir is a liquid health supplement available in almond, almond-peppermint, almond-grentiana, and almond-ascorbic acid flavors. It contains extracts of the edible mushroom Pleurotus Ostreatus, 40-50 percent beta glucan, 30 percent alcohol, 12-13 percent proteins, 4-5 percent amino acids, 3-4 percent vitamins, 2-3 percent plant fats, 1-2 percent mevinoline, and 1-2 percent sterols. The recommended dosage is 20-30 drops daily. It is put up in a brown colored, glass bottle containing 50 ml, net weight.

The applicable subheading for the Vitaglucan Elixir 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. The rate of duty will be 7 percent ad valorem.

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 (CFR Part 134). The sample you have submitted does 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.

The Bureau of Alcohol, Tobacco and Firearms (BATF) may also impose additional requirements on this product. You may contact the BATF at

Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue NW
Washington, D.C. 20226
Tele# 202-927-8500

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.

Sincerely,

Robert B. Swierupski
Director,

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