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NY F83404

March 24, 2000

CLA-2-21:RR:NC:2:228 F83404


TARIFF NO.: 2106.90.9998

Mr. Pieter Whittemore
Chase, Leavitt, Inc.
P.O. Box 589
Portland, ME 04112

RE: The tariff classification of a dietary supplement from China

Dear Mr. Whittemore:

In your letter dated February 24, 2000, on behalf of Quality Life Herbs, Inc, Yarmouth, ME, you requested a tariff classification ruling.

Samples of the product and the package label were submitted with your letter. The samples were examined and disposed of. Shou Wu Pian dietary supplement is a brown-colored tablet whose “active ingredient” is said to be radix polygoni multiflori. The product is described as a human food supplement, with a recommended dosage of 3-5 tablets, taken 2-3 times daily.

The applicable subheading for the Shou Wu Pian dietary supplement 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.

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 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.


Robert B. Swierupski

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