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NY M85222

August 17, 2006

CLA-2-21:RR:NC:2:228 M85222


TARIFF NO.: 2106.90.9998

Mr. Christian Emmanuel
Cemma International Inc.
4829, avenue Rosedale
Montreal, Quebec Canada H4V 2H3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a food supplement from Canada; Article 509

Dear Mr. Emmanuel:

In your letters dated May 2, 2006 and July 10, 2006, on behalf of Advitech Inc., you requested a ruling on the status of a food supplement from Canada under the NAFTA.

A sample and a product label accompanied your first letter. A description of the manufacturing process, an ingredients breakdown, and country of origin information was submitted with your second letter. The sample was examined and disposed of. The product, DERMYLEX, is a human dietary supplement in tablet form. Each tablet is said to contain 400 mg purified whey protein fraction, 150 mg sorbitol, 120 mg microcrystalline cellulose, 60 mg povidone, 30 mg croscamellose sodium, 6 mg colloidal silicon dioxide, 5 mg magnesium stearate, 4 mg hydroxypropyl cellulose, and an unspecified amount of ethanol, purified water, and polyethylene glycol. The country of origin of the sorbitol, povidone, croscamellose sodium, and polyethylene glycol are the United States. The hdroxypropyl cellulose, ethanol, and purified water are from Canada. The colloidal silicon dioxide and magnesium stearate are from Germany, the microcrystalline cellulose is from Taiwan, and the purified whey protein fraction is from France. In Canada the ingredients are blended, compressed into tablets, and filled into plastic bottles for retail sale as a dietary supplement.

In your letter, you suggested the DERMYLEX should fall in subheading 3502, Tariff Schedule of the United States (HTSUS), the provision for milk albumin. We disagree. Based on the product’s ingredient composition and use, it will be classified elsewhere.

The applicable subheading for the DERMYLEX food supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother other...other. The general 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/.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein,

Based on the facts provided, the food supplement described above qualifies for NAFTA preferential treatment, because it will meet the requirements of HTSUS General Note 12(b)(ii)(A) and 12(t)/21.14. The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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