The tariff classification of a dietary supplement from France.Dear Ms. Waller:

NY K88358 August 24, 2004 CLA-2-21:RR:NC:2:228 K88358 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Lisa V. Waller BDG International, Inc. 846 Foster Ave. Bensenville, IL 60106 RE: The tariff classification of a dietary supplement from France. Dear Ms. Waller: In your letter dated July 27, 2004, on behalf of Europharma Inc., Green Bay, WI, you requested a tariff classification ruling. The sample submitted with your letter was examined and disposed of. Solaire are red-colored gelatin capsules containing borage seed oil, wheat germ oil, grape seed oil, and vegetable extract. The product is put up in boxes, 60 capsules to a box. It is marketed as a skin conditioner and tan activator with a suggested dosage of two capsules for ten days and one capsule daily thereafter. The applicable subheading for Solaire 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. 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