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NY L89073




December 15, 2005

CLA-2-21:RR:NC:N2:228 L89073

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Takero Tanikawa
Minami Nutrition, Inc.
303 Fifth Avenue
New York, NY 10016

RE: The tariff classification of dietary supplements from Belgium

Dear Mr. Tanikawa:

In your letters dated October 28, 2005 and November 23, 2005 you requested a tariff classification ruling.

Descriptive literature and copies of the proposed packaging was provided with your October letter. MorEPA, MorEPA mini, PlusEPA, and MorDHA, are human dietary supplements in the form of fluid-filled gelatin capsules, packed for retail sale in bottles containing 60 capsules. All are produced in a similar fashion. Selected fish oils are esterified, saturated fat is removed, polyunsaturated and monounsaturated fats are separated, and carbon dioxide is used as a solvent to extract the omega-3 fatty acids. The finished product is omega-3 fatty acids in an ethyl ester form, containing no mono-, di-, or tri-glycerides, in a gelatin capsule. The literature provided with your initial submission indicates the products may contain added flavoring and antioxidants.

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

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

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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