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NY M87095

October 13, 2006

CLA-2-35:RR:NC:2:236 M87095


TARIFF NO.: 3504.00.5000

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

RE: The tariff classification of Shapeworks Formula 3 Personalized Protein Powder (a.k.a. Personalized Protein Powder, Performance Protein Powder, or PPP), sku# 0194US or sku# 0242US, from China or Italy. Correction to Ruling Number M80664

Dear Ms. Callaway:

This replaces Ruling Number M80664, dated May 26, 2006, which contained a typographical error. This error resulted in the incorrect designation of the second sku# as “0243US,” instead of “0242US” (its correct designation). A complete corrected ruling follows.

Shapeworks Formula 3 Personalized Protein Powder (a.k.a. Personalized Protein Powder, Performance Protein Powder or PPP), sku# 0194US or sku# 0242US, is described in your letter as a protein supplement, in the form of a beige/tan powder, consisting of soy protein isolate, whey protein concentrate powder, small amounts of vanilla flavoring, and silicon dioxide. The sample of your product contained 88.1 percent protein.

The applicable subheading for the subject product will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other.” The rate of duty will be 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 may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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 Debra Wholey at 646-733-3034.


Robert B. Swierupski

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