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NY L87331




October 24, 2005

CLA-2-21:RR:NC:2:228 L87331

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Carmela Borrelli
Hellmann Worldwide Logistics
10450 Doral Boulevard
Miami, Fl 33178

RE: The tariff classification of a nutritional supplement from Switzerland.

Dear Ms. Borrelli:

In your letter dated September 27, 2005, on behalf of Nolterpharma Corp. Delray Beach, FL, you requested a tariff classification ruling.

Pictorial literature, copies of labels, and samples were submitted with your letter. The samples were examined and disposed of. Vitamin C 1000mg and Calcium 600 with D are effervescent tablets measuring 1 inch in diameter and are put up in plastic tubes, 20 tablets to a tube, one tube to a box. The Vitamin C is said to consist of citric acid, sodium bicarbonate, ascorbic acid, sorbitol, corn starch, orange flavors, natural coloring, sodium saccharin, and riboflavin. The Calcium 600 with D contains citric acid, calcium carbonate, sodium bicarbonate, corn starch, orange flavors, aspartame, natural coloring, acesulfame potassium, dimethyl polysiloxane, cholecalciferol, and riboflavin. For both products, instructions suggest dissolving a tablet in 6 ounces of water, one tablet per day for the Vitamin C, and one tablet twice a day for the Calcium with D.

The applicable subheading for the Vitamin C1000 mg tablets and Calcium 600 With D tablets will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother other other. 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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.

Sincerely,

Robert B. Swierupski
Director,

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