The tariff classification of a food ingredient from Germany

N157636 April 12, 2011 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Matthias Rebmann Lipoid LLC 744 Broad Street Suite 1801 Newark, NJ 07102-3802 RE: The tariff classification of a food ingredient from Germany Dear Mr. Rebmann: In your letter dated March 30, 2011, you requested a tariff classification ruling. A data sheet and technical information were submitted via an email transmission on March 31, 2011. Soluthin® MD is described as a beige-colored powder composed of maltodextrin, phosphatidylcholines, sodium chloride, ascorbyl palmitate, alpha-tocopherol, packaged in 2.5-kilogram containers. The product will be used as an ingredient in the production of drug and dietetic products. The applicable subheading for the Soluthin® MD 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 duty rate 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