The tariff classification of Avonil® AA Tablets and Avonil® AA Powder from Denmark

N006049 February 6, 2007 CLA-2-30:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 3004.90.9190 Mr. Mark DeFries Solace Nutrition 46 Kilvert Street Warwick, RI 02866 RE: The tariff classification of Avonil® AA Tablets and Avonil® AA Powder from Denmark Dear Mr. DeFries: In your letter dated January 29, 2007, you requested a tariff classification ruling. The subject products, Avonil® AA Tablets and Avonil® AA Powder, are phenylalanine-free nutritional supplements consisting of various amino acids, vitamins and minerals. Both products are specifically intended for the dietary management of phenylketonuria (PKU). The tablets are for use by persons with phenylketonuria from 4 years of age, including maternal PKU patients. The powder is for use by children over 4 months of age, and by adults, including maternal PKU patients. Pursuant to HQ 083000, dated September 19, 1990, the applicable subheading for Avonil® AA Tablets and Avonil® AA Powder will be 3004.90.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale: Other: Other: Other: Other.” The rate of duty will be free. 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 may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Harvey Kuperstein at 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division