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NY N003627




December 8, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Michael Bilgrey
Bilgrey Cargo, Inc.
150-40 183 Street
Springfield Gardens, NY 11413

RE: The tariff classification of a food supplement from India

Dear Mr. Bilgrey:

In your letter dated November 17, 2006, on behalf of Indfrag, you requested a tariff classification ruling.

An ingredients breakdown and a production flow chart accompanied your letter. The “weight loss blend” product is a powder consisting of plant extracts and other substances, used as an ingredient in weight loss tablets sold in health food stores. The blend is said to be composed of 76.5 percent Garcinia cambogia extract, 3 percent banaba extract, 8.8 percent green coffee extract, 8.6 percent green tea extract, 2.48 percent L. theanine, and 0.62 percent natural caffeine.

The applicable subheading for this product 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.

Articles classifiable under subheading 2106.90.9998, HTSUS, which are products of India are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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.

Sincerely,

Robert B. Swierupski
Director,

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