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NY M81567

April 21, 2006

CLA-2-18:RR:NC:SP:232 M81567


TARIFF NO.: 1806.90.9090

Ms. Sandra R. Calloway
Herbalife International of America, Inc.
930 E. 233rd Street
Carson, CA 90745

RE: The tariff classification of Protein Drink Mix Chocolate from China

Dear Ms. Calloway:

In your letter dated March 23, 2006 you requested a tariff classification ruling.

Additional information was submitted in your fax dated March 29, 2006. The subject merchandise is described as Protein Drink Mix Chocolate, sku# 0119TW, which is based on Herbalife Master Formula N189-06. The main ingredients in this product are soy protein isolate, fructose powder, cocoa powder D-11-A (13.33%) calcium caseinate, polydextrose powder, flavors, etc. The product also contains various vitamins and minerals. This item will be packaged for retail sale in plastic jars with a net weight of 522 grams. The merchandise is mixed with soy milk, skim milk, or water to make a meal replacement drink.

The applicable subheading for the Protein Drink Mix Chocolate, sku# 0119TW will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: other: other: otherother. The rate of duty will be 6 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 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 John Maria at 646-733-3031.


Robert B. Swierupski

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