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NY M80570

February 28, 2006

CLA-2-13:RR:NC:2:238 M80570


TARIFF NO.: 1302.19.9040; 2106.90.9998

Mr. Eric Herschlag
47 Saddle Rock Road
Danbury, CT 06811

RE: The tariff classification of Tongkat Ali Powder Extract, imported in bulk and capsule forms, from Malaysia

Dear Mr. Herschlag:

In your letter dated February 5, 2006, you requested a tariff classification ruling.

According to your letter, you intend to import a pure extract obtained from the roots of Tongkat Ali (Eurycoma longifolia Jack), in bulk and capsule forms. A sample capsule was submitted with your letter. You indicate that the capsules, as well as the bulk product, following further processing and encapsulation in the U.S., will be marketed as a dietary supplement.

The applicable subheading for Tongkat Ali Powder Extract, imported in bulk form, will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for Tongkat Ali Powder Extract, imported in capsule form, will be 2106.90.9998, HTSUS, which provides for “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other: Other: 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 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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