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NY H88863

March 21, 2002

CLA-2-21:RR:NC:2:228 H88863


TARIFF NO.: 2106.90.9998

Mr. Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, MI 48034

RE: The tariff classification of a nutritional supplement from Canada.

Dear Mr. Krueger:

In your letter dated February 13, 2002, on behalf of BioK-Plus International, Quebec, Canada, you requested a tariff classification ruling.

A description of the manufacturing process and a copy of the product label were submitted with your letter. Bio-Kaps Pure L. Acidophilus capsules are gelatin capsules containing cultured lactobacillus acidophilus probiotic bacteria with maltodextrin, magnesium stereate, and ascorbic acid. The capsules are put up in containers holding 60 capsules. The suggested use is 2 to 3 capsules daily for an adult and one daily for children.

The applicable subheading for the Bio-Kaps Pure L. Acidophilus capsules will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother. The rate of duty will be 6.4 percent ad valorem.

Your inquiry does not provide enough information for us to issue a classification ruling on the “BioK-Plus” liquid supplement. Your request for a classification ruling should include the additional information indicated below:

Provide a flow chart of the manufacturing process, identifying the starting materials and point at which each ingredient is added. Include starting and finishing temperatures, as well as the length of process and average temperature, for any heating processes.

Is the milk solids component only non-fat dry milk, or is it a blend of milk constituents?

If not non-fat dry milk, identify each milk or milk derivative ingredient as a percent, by weight, of the “milk solids non-fat” product component.

Is the reconstituted milk component fermented during processing?

If so, what is the final pH?

Is fermentation halted by refrigeration of the product?

Please provide any advertising or other marketing material prepared, on this, or similar products which indicate how this product is sold. It appears that it is marketed as a culture for ingestion and growth in the intestinal tract, rather than as a cultured or fermented milk product.

Submit a sample of the product.

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 646-733-3029.


Robert B. Swierupski

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