The tariff classification of a liquid concentrate product from Brazil

N242841 June 21, 2013 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Sandra Calloway Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of a liquid concentrate product from Brazil Dear Ms. Calloway: In your letter dated May 29, 2013, and an amended letter received via fax on June 03, 2013, you requested a tariff classification ruling. A product formula, label artwork, and samples of the product were submitted with your May letter. Additional information was provided by email transmissions dated June 10 and June 17, 2013. The samples were examined and disposed of. Herbalife Fiber Concentrate Drink – Mango Flavor (Formula # F2107) said to be a liquid dietary supplement is an orange-colored liquid, composed mostly of water and soluble corn fiber, with the balance of flavor, citric acid, sodium citrate, sodium benzoate, xanthan gum, sucralose, potassium sorbate, and ascorbic acid, packed in a plastic bottle containing 450 ml of the product. The Fiber Concentrate Drink will be marketed as supplementing ones daily fiber needs. The use directions instruct the consumer to add 1½ tablespoon (15 ml) of the concentrate to 185 ml of water to make a 200-ml serving drink that contains 3 gram of soluble fiber. The suggested daily serving is to take cold once or twice a day. The applicable subheading for the product 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, indelibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The label artwork you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division