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NY J83695

May 20, 2003

CLA-2-15:RR:NC:SP:232 J83695


TARIFF NO.: 1515.90.8090

Mr. Ronald Balut
Panalpina, Inc.
1776 on the Green
67 Park Place
Morristown, NJ 07960
Box 32NY

RE: The tariff classification of Evening Primrose Oil Capsules from China

Dear Balut:

In your letter received April 22, 2003, on behalf of Inteplast Group, Ltd., you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is evening primrose oil that will be imported in the form of 500-mg capsules. Based on the sample provided, it will be packaged for retail sale in a plastic bottle holding 90 capsules, encased in a cardboard box.

The applicable subheading for the evening primrose oil capsules will be 1515.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified, Other: OtherOther. The rate of duty will be 3.2 percent ad valorem.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 John Maria at (646) 733-3031.


Robert B. Swierupski

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