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NY I82543

June 18, 2002

CLA-2-21:RR:NC:2:228 I82543


TARIFF NO.: 2106.90.9998

Ms. Carmela Borrelli
Hellmann Worldwide Logistics
10450 Doral Boulevard
Miami, FL 33178

RE: The tariff classification of dietary supplements from Spain.

Dear Ms. Borelli:

In your letter dated May 22, 2002, on behalf of OleoMed America, Inc., you requested a tariff classification ruling.

Pictorial literature was submitted with your letter. The products are dietary supplements in gelatin capsules composed of extra virgin olive oil and other ingredients. Prostate formula contains olive oil and saw palmetto extract. Immune System contains olive oil and echinacea extract. Mood Balance consists of olive oil and St. John’s Wart. Antioxidant formula contains olive oil, vitamin E, zinc, and selenium. Suggested dosage is two softgels, two times daily with meals. The supplements are put up in packages containing 60 softgels.

The applicable subheading for the Prostate Formula, Immune System, Mood Balance, and Antioxidant supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. 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 Heart formula. Your request for a classification ruling should include the additional information indicated below:

Describe all of the processing steps to produce the oils. Provide the specifications for all oils showing composition, free fatty acids, etc.

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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