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NY M80491

March 22, 2006

CLA-2-21:RR:NC:N2:228 M80491


TARIFF NO.: 2106.90.9998; 3923.90.0080

Mr. James Shaw
Pfizer Inc.
100 Route 206 North
Peapack, NJ 07977

RE: The tariff classification of empty capsules from France and Mexico

Dear Mr. Shaw:

In your letter dated February 6, 2006 you requested a tariff classification ruling. Your letter was received by this office on February 14, 2006.

Samples, ingredients breakdowns, and an illustration of the manufacturing operations accompanied your letter. The samples were examined and disposed of. The products are clear, empty capsules, approximately ¾-inch in length and ¼-inch in diameter. The sample identified as Vcap is said to be composed of hydroxyl propyl methyl cellulose, gellan gum, potassium acetate, and water, and the sample described as NPcap is said to be composed of pullulan (a polysaccharide material), carrageenan, potassium chloride, and water. The capsules will be used to encapsulate vitamins or drugs.

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

The applicable subheading for the Vcap will be 3923.90.0080, HTSUS, which provides for articles for the conveyance or packing of goods, of plasticsother other. The rate of duty will be 3 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.


Robert B. Swierupski

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