The tariff classification of a food supplement from Switzerland

N170416 June 17, 2011 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Mr. Peter Diamond American Lamprecht Transport Inc. 700 Rockaway Turnpike Lawrence, NY 11559 RE: The tariff classification of a food supplement from Switzerland Dear Mr. Diamond: In your letter dated June 7, 2011, on behalf of Swiss Naturals Inc., DBA Bioforce USA, Ghent, NY, you requested a tariff classification ruling. Samples, production flow charts and an explanation of the production steps accompanied your letter. The samples were examined and disposed of. A.Vogel brand Molkosan is a brown-colored liquid used as a food supplement in preparing a drink, fruit drink, or fruit tea. The article is produced by mixing concentrated whey (without protein) and micronutrients to form a broth, pasteurizing, adding lactobacillus, fermenting, and filtering. The resulting solution is packed for retail sale in a glass bottle with a twist-off cap holding 200 milliliters (6.8 fluid oz). The applicable subheading for this product will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa…other…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