The tariff classification of a food supplement from Switzerland

N038317 February 24, 2009 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Rasa M. Szepelak HYH International Cargo Services Inc. 9107 NW 105th Way Medley, FL 33178 RE: The tariff classification of a food supplement from Switzerland Dear Ms. Szepelak: In your letter dated June 3, 2008, you requested a tariff classification ruling. A list of ingredients was submitted with your June letter. Descriptive literature and samples were received on September 15, 2008. The samples were forwarded to the Customs and Border Protection laboratory for analysis. Hirsana brand Golden Millet Oil Capsules is a human dietary supplement in the form of gelatin capsules filled with golden millet oil, wheat germ oil, glyceryl monostearate, zinc citrate, vitamin E, soy lecithin, pantothenic acid, vitamin B6, thiamine, riboflavin, and biotin. The capsules are put up for retail sale in blister packs, 90 or 150, 200-gram capsules to a box. The applicable subheading for the Hirsana dietary supplement 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 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/. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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