The tariff classification of dietary supplements

N215461 May 24, 2012 CLA-2-18:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1806.90.9090; 2106.90.9998 Ms. Karine Gagiryan Herbalife International of America, Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of dietary supplements Dear Ms. Gagiryan: In your letter dated April 6, 2012 you requested a tariff classification ruling. Samples and ingredients lists were submitted with your letter. Additional information was provided in your letters dated April 25, April 30 and May 9, 2012. The samples were examined and are being returned as requested. Herbalife Nutritional Shake Vanilla F0736 – SKU #0141UY, Nutritional Shake Chocolate F0737 – SKU #0142UY, and Nutritional Shake Frutilla F0738 – SKU #0143UY are food supplements in powder form, packed for retail sale in plastic canisters containing 550 grams, net weight. The principle ingredients in all products are soy protein isolate, fructose powder, lecithin powder, oat fiber powder, cellulose powder, flavors, magnesium oxide, licorice powder, papaya powder, parsley powder, honey powder, thickening agents, calcium citrate, calcium caseinate, and vitamins and minerals. Other ingredients, depending on variety, include cocoa powder (10%), beet root powder, potassium chloride, and sodium citrate. The applicable subheading for the Nutritional Shake Chocolate F0737 – SKU #0142UY will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other…other…other. The applicable subheading for the Nutritional Shake Vanilla F0736 – SKU #0141UY, and the Nutritional Shake Frutilla F0738 – SKU #0143UY will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included…other…other…other. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). If you have any questions regarding the ruling, contact National Import Specialist Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division