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NY L86890

August 17, 2005

CLA-2-30:RR:NC:2:238 L86890


TARIFF NO.: 3002.90.5150

Ms. Diane Mauceri
Yusen Global Logistics
Airport Industrial Park Bldg C-3
Hook Creek Blvd. & 145th Avenue
Valley Stream, NY 11581

RE: The tariff classification of LACTOACID-50 (Lactobacillus acidodophilus LAC-361), imported in bulk form, from Japan

Dear Ms. Mauceri:

In your letter dated August 1, 2005, on behalf of your client, Mitsubishi International Food Ingredients, you requested a tariff classification ruling.

According to the Ingredients List, the subject product, LACTOACID-50 (Lactobacillus acidodophilus LAC-361), consists of lyophilized

The microorganisms, rendered inactive by the freeze-drying process, for storage purposes, are reactivated after ingestion into the body, where they proliferate in the gut. (freeze-dried) Lactobacillus acidophilus (Strain LAC-361) powder (40-60% by weight) mixed with cornstarch (40-60% by weight). Although not stated in your letter, the subject product will presumably be used in the formulation of dietary supplements. (New York Ruling Letter D80280, issued to Mitsubishi International Corporation on August 21, 1998.)

The applicable subheading for the subject product will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “Human blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski

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