The tariff classification of food supplements from Spain

NY I83833 July 8, 2002 CLA-2-21:RR:NC:2:228 I83833 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Johannes Ochoa Instituto Superior de Nutricion y Salud, Inc. 42 NW 27th Avenue Suite 305A Miami, FL 33125 RE: The tariff classification of food supplements from Spain Dear Mr. Ochoa: In your letters dated March 23, 2002 and June 13, 2002 you requested a tariff classification ruling. Copies of the packaging were submitted with your first letter. The products Yin Robis, Depri Robis, Revive, Forzamente, and Artiplus are described as food supplements in tablet form put up for sale in boxes containing 60 or 90 tablets. The principle ingredients in all items are plant extracts or plant parts. The applicable subheading for these food supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included…other…other…other. The rate of duty will be 6.4 percent ad valorem Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The copies of the packages you have submitted indicate that they are not properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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, National Commodity Specialist Division