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August 13, 1999

CLA-2-21:RR:NC:2:228 E85516

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 supplements from the Slovak Republic.

Dear Ms. Jurikova:

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

The samples submitted with your letter were examined and disposed of. Vitaglucan 2.5, off-white colored tablets, and Vitaglucan 10, light-orange colored tablets, are health supplements in tablet form. Both contain extracts of the edible mushroom Pleurotus Ostreatus, Beta Glucan (2.5/10mg), and 60 mg ascorbic acid. Vitaglucan 10 tablets also contain 10 mg vitamin E, and 10 mg Zinc. The recommended dosage for the Vitaglucan 2.5 is 1-3 tablets, 3 times daily, and 1 tablet, 3 times daily for the Vitaglucan 10. They are put up in plastic jars containing approximately 30 tablets.

The applicable subheading for the Vitaglucan 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. 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.

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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