The tariff classification of a dietary supplement from Australia

N011611 June 5, 2007 CLA-2-21:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Shawn Larson Erie Foods International, Inc. P.O. Box 648 Erie, IL 61250 RE: The tariff classification of a dietary supplement from Australia Dear Mr. Larson: In your letter dated May 16, 2007 you requested a tariff classification ruling. Samples and descriptive literature accompanied your letter. The samples were examined and disposed of. Progenex® SRG is a human dietary supplement in capsule form, packed for retail sale in plastic containers holding 120 capsules. Each white-colored gelatin capsule contains a brown-colored powder said to be composed of 475 milligrams of whey protein isolate and 80 milligrams of lactoferrin. In your letter, you suggested this product should be classified in subheading 3502.20.00, Harmonized Tariff Schedule of the United States (HTSUS), the provision for milk albumin, including concentrates of two or more whey proteins. We do not agree. Based on the product’s composition, presentation in capsule form, and dedicated use as a human dietary supplement, it will be classified elsewhere. The applicable subheading for the Progenex® SRG human dietary supplement will be 2106.90.9998, 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 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division