The tariff classification of a dietary supplement from Japan

N043101 November 7, 2008 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Gina Roberson ASA Brokers, Inc. 18613 72nd Ave. S. Kent, WA 98032 RE: The tariff classification of a dietary supplement from Japan Dear Ms. Roberson: In your letter dated August 1, 2008 on behalf of Suntek Consulting, Puyallup, WA, you requested a tariff classification ruling. Your letter was received by this office on October 31, 2008. A sample, submitted with your letter, was examined and disposed of. The product, “Dormanex SR” is described as a “natural sleep aid”, presented in the form of thin film strips, approximately 1-1/4 inches long and ¾-inch wide, in a plastic dispenser case, packed in a sealed film package. Each strip is said to contain 36 milligrams of a proprietary herbal blend, 5 milligrams melatonin, and unstated quantities of cellulose, glycerin, peppermint flavor, menthol, sucralose, sucrose monohydrate, and maltodextrin. Package instructions direct the user to chew and swallow one strip before going to bed. 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 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/. Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: 1-888-463-6332 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