The tariff classification of collagen powder and drinks from Japan

N235421 December 14, 2012 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998; 3504.00.5000 Ms. Jennifer Ho DBA AJH Elite Customs Brokerage 24328 South Vermont Ave., Ste. 230 Harbor City, CA 90710 RE: The tariff classification of collagen powder and drinks from Japan Dear Ms. Ho: In your letter dated November 14, 2012 you requested a tariff classification ruling on behalf of Jade Cosmetics Corp. dba Jade Global Cosmetics. Ingredient breakdowns and photographs of the products accompanied your inquiry. In your letter, you stated that product number one is a collagen drink said to contain fish collagen, vitamin B6, vitamin C, shark cartilage extract, hyaluronic acid, CoQ 10, camellia seed extract, bird nest extract, thiamine, and riboflavin in a 50-ml. sealed bottle, 10 bottles in a cardboard box, advertised as a beauty supplemental drink. Product number two is collagen powder, also known as collagen peptide. This product consists of 3,000 mg. of pure fish collagen with a PH level of 5. This product will be used in the production of food, health food, cosmetics, drinks, and pharmaceuticals and is imported in bulk or in sachets. The applicable subheading for the collagen drink 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. The applicable subheading for the collagen powder will be 3504.00.5000, HTSUS, which provides for Peptones and their derivatives … other protein substances and their derivatives, not elsewhere specified or included … hide powder, whether or not chromed … other. The rate of duty will be 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 the 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 collagen drink, contact National Import Specialist Bruce N. Hadley, Jr. at (646) 733-3029. If you have any questions regarding the collagen powder, contact National Import Specialist Nucio Ferra at (646) 733-3034. Sincerely, Thomas J. Russo Director National Commodity Specialist Division