The tariff classification of dietary supplements

N003841 December 28, 2006 CLA-2-18:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1806.90.9090; 2106.90.9998 Ms. Sandra Calloway Herbalife International of America, Inc. 930 East 233rd Street Carson, CA 90745 RE: The tariff classification of dietary supplements Dear Ms. Calloway: In your letter dated November 27, 2006 you requested a tariff classification ruling. Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. ShapeWorks F#1 Meal Replacement for Weight Control Chocolate (#1242CS), ShapeWorks F#1 Meal Replacement for Weight Control Vanilla (#1241CS), and ShapeWorks F#1 Meal Replacement for Weight Control Strawberry (#1243CS) are food supplements in powder form, packed for retail sale in canisters containing 550 grams, net weight. The principle ingredients in all items are soy protein isolate, fructose powder, lecithin powder, oat fiber powder, cellulose powder, flavors, guar gum, calcium citrate, calcium caseinate, and vitamins and minerals. Other ingredients, depending on variety, include cocoa powder, beet root powder, and licorice flavor. The applicable subheading for the ShapeWorks F#1 Meal Replacement for Weight Control Chocolate (#1242CS) will be 1806.90.9090 Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other…other…other. The applicable subheading for the ShapeWorks F#1 Meal Replacement for Weight Control Vanilla (#1241CS), and ShapeWorks F#1 Meal Replacement for Weight Control Strawberry (#1243CS) will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included…other…other…other. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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