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NY N007499

March 6, 2007



TARIFF NO.: 2106.90.9998

Ms. Barbara Fitzpatrick
Bausch & Lomb
1400 N. Goodman Street
Rochester, NY 14609

RE: The tariff classification of a nutritional supplement from Germany.

Dear Ms. Fitzpatrick:

In your letter dated February 15, 2007, you requested a tariff classification ruling.

A description of the product and a sample were submitted with your letter. The sample is being returned as per your request. Ocuvite is a tablet composed of vitamins A, C, and E, zinc, selenium, copper, lutein, dibasic calcium phosphate, microcrystalline cellulose, calcium carbonate, crospovidone, hypromellose, titanium dioxide, silicon dioxide, magnesium stearate, stearic acid, FD&C yellow no. 6, triethyl citrate, polysorbate 80, and sodium lauryl sulfate. The tablets are packaged for retail sale in plastic bottles, 60 tablets per bottle. Suggested use is one tablet, one or two times daily, as a nutritional supplement for the eyes.

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


Robert B. Swierupski

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