The tariff classification of dietary supplements from Canada

N056398 April 9, 2009 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Joseph F. Walter Livingston International Trade Services, Inc. 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of dietary supplements from Canada Dear Mr. Walter: In your letter dated April 1, 2008, on behalf of SoU! Inc., St. Laurent, Quebec, Canada, you requested a tariff classification ruling. Ingredients breakdowns, a manufacturing flow chart, and pictures of product labels for five dietary supplements were submitted with your letter. Each of the Sou!™ brand, liquid supplements contains between approximately 59-79 percent water, parahydroxibenzoates and sodium benzoate. Stress Relief also contains approximately 12 percent rice germ, 5 percent griffonia, 4 percent withania, 3 percent suma, and 1 percent yuzu. Energy contains 6 percent yerba mate, 5 percent maca, 4 percent, each, of catuaba, damiana, and guarana, 2 percent rhodiola, and 1 percent glutamic acid. Antioxidant contains 7 percent organic green tea, 5 percent, each, of cat’s claw and organic rosemary, 4 percent, each, of onion and noni, 2 percent organic acerola, and 1 percent organic pomegranate. Immune System Shield contains 6 percent echinacea, 5 percent oregano, 4 percent, each, of astragalus and goldenseal, 2 percent camu camu, and less than one percent, each, of andrographis, cordycep, and chelated zinc. Hangover contains 8 percent dandelion, 7 percent burdock, 6 percent kudzu, 5 percent, each, cranberry and thistle, 4 percent, each, black elder and senna, and 3 percent broccoli. The various plant parts are cleaned, mixed with water, heated and combined with preservatives. The solids are separated from the solution by centrifuge, filtered, combined with additional water, and filtered. The products are put up in glass vials containing 8.5 ml and packed for retail sale, 14 to a box. The applicable subheading for these dietary supplements 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/. 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