The tariff classification of a dietary supplement from Denmark

N033275 July 25, 2008 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Judy Morrel CSI International Chicago, Inc. 1400 Mittel Blvd. Wood Dale, IL 600191 RE: The tariff classification of a dietary supplement from Denmark Dear Ms. Morrel: In your letter dated July 10, 2008 on behalf of Chr. Hansen, Milwaukee, WI, you requested a tariff classification ruling. Probio-Tec Quatro is a human dietary supplement in the form of gelatin capsules filled with a powder consisting of freeze-dried cultures of lactobacillus acidophilus LA-5, bifidobacterium BB-12, streptococcus therophilis, and lactobacillus delbrueckii ssp. bulgaricus. The product will be imported in a metal tube containing 60 capsules. The applicable subheading for this product will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The rate of duty will be 6.4 percent. 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