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NY L82604




February 24, 2005

CLA-2-21:RR:NC:N2:228 L82604

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Viktor Kukhar
ZLand Essence, Inc.
27 Arden Avenue
Staten Island, NY 10312

RE: The tariff classification of honey products from New Zealand

Dear Mr. Kukhar:

In your letter dated February 7, 2005 you requested a tariff classification ruling.

Four samples were submitted with your letter. The ApiHealth brand products consist of manuka honey (i.e., honey gathered by honey bees from the manuka bush (Leptospermum scoparium) and the kanuka tree (Leptospermum ericoides), with small quantities of bee venom (6.25 milligrams) and propolis extract, pollen extract, and/or ginseng extract (1.5 percent, by weight) added. All are put up for retail sale in plastic jars holding 225 grams, net weight.

The applicable subheading for these four honey products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother otherother. The rate of duty will be 6.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

Additional requirements may be imposed on this product by the Food and Drug Administration. 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

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The samples are being returned to you, as requested.

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.

Sincerely,

Robert B. Swierupski
Director,

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