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NY G84980




December 21, 2000

CLA-2-12:RR:NC:2:228 G84980

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Guilermo Ramirez
Amazon Natural Corp.
1160 Washington Avenue
Bronx, NY 10456

RE: The tariff classification of a dietary supplement from Peru.

Dear Mr. Ramirez:

In your letter dated October 18, 2000, you requested a tariff classification ruling.

Samples, submitted with your request, were examined and disposed of. Descongest is a dark brown liquid consisting of herbal extracts, and fruit juice reinforced with vitamin C, aloe vera gel, mint, emulsifier, preservatives, natural aromas and natural flavor. Oligo Neuro is a yellow liquid consisting of herbal extracts, fruit juice reinforced with vitamin C, valerian, passion flower, emulsifier, preservatives, natural aromas and natural flavor. Retardeg is a brown colored liquid made from herbal cat's claw, fruit juice reinforced with vitamin C, sasparrilla, quina, emulsifier, preservatives, natural aromas and flavor. Drogalc Send is a dark yellow liquid composed of herbal lobelia, fruit juice with vitamin C, fever root, emulsifier, preservatives, natural aromas and natural flavor. Calcullit is a light yellow colored liquid composed of herbal extracts, fruit juice with vitamin C, colagogos and litogogos, juniper, chancapiedra, emulsifier, preservatives, natural aromas and natural flavor. Bron Asma is a mustard colored liquid made from herbal extracts, fruit juice with vitamin C, ipecacuanha, ephedra, pine tree, lobelia, emulsifier, preservatives, natural aromas and natural flavor. Fibrolit is a light yellow colored liquid made from herbal extracts, fruit juice with vitamin c, marigold, horse tail, emulsifier, preservatives, natural aromas and natural flavor. The products will be marketed as dietary/nutritional supplements for the purpose of maintaining health or well-being.

The applicable subheading for the nutritional supplements will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem. The rate will be unchanged in 2001.

Articles classifiable under subheading 2106.90.9998, HTS, which are products of Peru, may be entitled to duty-free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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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