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NY N005438





February 6, 2007

CLA-2-:RR:E:NC:2:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Idan Morori
FeelBach
380 S. State Road 434
Altamonte Springs, FL 32714

RE: The tariff classification of a dietary supplement from the United Kingdom.

Dear Mr. Morori:

In your letter dated January 14, 2007, you requested a tariff classification ruling.

The product is a dietary supplement made from the essences of the Agrimonia eupatoria plant. Each 10 mg bottle is filled with 360 parts of organic brandy (40% alcohol by volume) and one part of Agrimonia eupatoria infused water. The suggested use is two drops per glass of water or four drops under the tongue.

The applicable subheading for this dietary supplement 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 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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