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NY I83805

July 30, 2002

CLA-2-16:RR:NC:2:228 I83805


TARIFF NO.: 1604.20.6090, 2106.90.9998

Mr. Johannes Ochoa
Instituto Superior de Nutricion y Salud
42 N.W. 27th Avenue, Suite #305A
Miami, FL 33125

RE: The tariff classification of nutritional supplements from Spain.

Dear Mr. Ochoa:

In your letters dated March 23, 2002, and June 13, 2002, you requested a tariff classification ruling.

Sample packaging for five nutritional supplements was submitted with your March letter. Ingredients breakdowns were submitted with your June letter. Tibu Robis consists of shark cartilage and vitamins. Levavida contains brewer’s yeast, zinc gluconate, soy lecithin, wheat germ, lactobacillus acidophilus vitamins, and beta carotene. Dol Robis contains tanacetun parthenium S, tila platyphyllos Scop, and passiflora incarnate L.. Redu Robis consists of apple vinegar, pineapple extract, vitamins, and fiber. Aci-Robis contains calcium carbonate, magnesium hydroxide, licorice root, fructose, brewer’s yeast, apple pectin, soy lecithin, anise weeds, lactobacillus acidophilus. The supplements are put up in tablet or capsule form in a box containing 40 or 60 tablets.

The applicable subheading for the Tibu Robis will be 1604.20.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared or preserved fishother prepared or preserved fishotherotherother. The rate of duty will be free.

The applicable subheading for the Levavida, Dol Robis, Redu Robis, and Aci-Robis will be 2106.90.9998, 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.

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 sample packaging of two of the supplements you have submitted, the Tibu-Robis, Aci-Robis, and the Dol Robis, 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 646-733-3029.


Robert B. Swierupski

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