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NY F82707

February 28, 2000

CLA-2-21:RR:NC:2:228 F82707


TARIFF NO.: 2106.90.9998

Mr. Alex de Almeida
NEXPA Import & Export Co.
P.O. Box 1648
El Segundo, CA 90245

RE: The tariff classification of nutritional supplements from Brazil.

Dear Mr. de Almeida:

In your letters dated December 1, 1999 and January 12, 2000 you requested a tariff classification ruling.

Ingredients breakdowns and a complete description of the manufacturing process for three products were submitted with your second letter. Stevia Po is a fine white powder composed of 48.7 percent lactose, 48.7 percent manitol, 2.5 percent sacarina sodica (sodium saccharine), and less than one percent stevioside. Stevia 100 Percent is a fine, tan colored powder composed of 48 percent lactose, 48 percent manitol, and 4 percent stevioside. Stevia Po and Stevia 100 Percent are packed in plastic, flip-top containers holding 70 grams, net weight. The products will be sold to grocery stores, and used as nutritional supplements and alternatives to artificial sweeteners.

The applicable subheading for these products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

Articles classifiable under subheading 2106.90.9998, HTS, which are products of Brazil are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP". Your inquiry does not provide enough information for us to give a classification ruling on Stevia Liquid. Your request for a classification ruling should include a complete, and accurate, ingredients breakdown, by weight. The breakdown you have submitted totals over 100 percent. When this information is available, you may wish to consider resubmission of your request.

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 samples you have submitted are not 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.


Robert B. Swierupski

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