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NY M82575

April 27, 2006

CLA-2-21:RR:NC:N2:228 M82575


TARIFF NO.: 2106.90.9998

Ms. Kristina Neumann
PBM Nutritionals
P.O. Box 2109
Georgia, VT 05468

RE: The tariff classification of Glucose Gel from Canada

Dear Ms. Neumann:

In your letter dated April 10, 2006 you requested a tariff classification ruling.

A sample and ingredients breakdown accompanied your letter. The sample was examined and disposed of. PBM Glucose Gel is a thick, clear liquid preparation described as a good designed to boost energy and help diabetics, hypoglycemics and athletes manage blood sugar levels. It is composed of 53 percent water, 41 percent dextrose, and 6 percent glycerin, cellulose gum, preservatives, and flavor. The gel is packed in a foil pouch containing 15 grams, net weight, and may be sold individually or in a 3-pack.

The applicable subheading for the Glucose Gel 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.

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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