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NY K86219

May 21, 2004
CLA-2-21:RR:NC:2:228 K86219


TARIFF NO.: 2106.90.9998

Mr. Ron Reuben
DHL Danzas Technical Services
5510 West 102nd Street
Los Angeles, CA 90045

RE: The tariff classification of a dietary supplement from Japan

Dear Mr. Reuben:

In your letter dated May 14, 2004, on behalf of Global Health Trax, Inc., Vista, CA, you requested a tariff classification ruling.

A sample and illustrative literature were submitted with your letter. The sample was examined and disposed of. Threelac™ is a pale yellow powder said to consist of 80 percent brewer’s yeast, 10 percent castor oil, 9.5 percent lemon juice powder, and 0.5 percent “probiotics” (spore-forming bacteria and lactic acid bacteria). Threelac™ powder is packed in sealed foil pouches, with 60 pouches in a canister for retail sale. Submitted literature describes the product as a dietary supplement that supports digestion by helping to maintain intestinal flora. The consumer is directed to ingest between one and three pouches daily.

The applicable subheading for the Threelac™ dietary supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother other. The rate of duty will be 6.4 percent ad valorem.

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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