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NY E85577





August 17, 1999

CLA-2-22:RR:NC:SP:232 E85577

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997; 2202.90.9090

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

RE: The tariff classification of “eNZANADU Natural Rejuvenating Drink” and “eNZANADU Gel Capsules” from Japan

Dear Ms. Tahara:

In your letter received August 8, 1999, you requested a tariff classification ruling.

Photographs of the products, copies of the labels and descriptive literature were submitted with your request. The merchandise in question is “eNZANADU Natural Rejuvenating Drink” and “eNZANADU Gel Capsules”, all products which are described as dietary supplements in liquid and capsule form.

The “eNZANADU Natural Rejuvenating Drink” will come in two varieties: original and advanced formula. These both will be imported ready-to-drink in 1 pint 5.4 ounce glass bottles with screw-off caps. The eNZANADU original formula is said to contain water, bacillus natto from cultured soy beans, sugar, corn starch, rice starch syrup, glucose, salt, sodium biphosphate, calcium chloride, powdered yeast extract, cabbage, celery, parsley, Chinese cabbage, and a variety of vitamins and minerals. The eNZANADU advanced formula is stated to consist of water, bacillus natto from cultured soy beans, corn starch, sugar, rice starch syrup, glucose, salt, sodium biphosphate, calcium chloride, powdered yeast extract, cabbage, celery, parsley, Chinese cabbage and a variety of vitamins and minerals.

The “eNZANADU Gel Capsules” will be imported packed thirty to a box. They are described as containing safflower, DHA, bee’s wax, emulsifier, corn starch, sugar cane,
glucose, rice starch syrup, powdered yeast extract, salt, sodium biphosphate, calcium chloride, amylase, bacillus natto from cultured soy beans, cabbage, celery, parsley, Chinese cabbage and a variety of vitamins and minerals.

The applicable subheading for the “eNZANADU Natural Rejuvenating Drink”, both varieties, 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.

The applicable subheading for the “eNZANADU Gel Capsules” will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for Food preparations not elsewhere specified or included: Other: Other: Other: Containing sugar derived from sugar cane and/or sugar beets. 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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

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