The tariff classification of dietary supplements

N275292 May 3, 2016 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 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: This ruling replaces Customs Ruling Number 273099, dated April 7, 2016, which contained a clerical error omitting the general rate of duty. A complete corrected ruling follows. In your letter dated December 9, 2015, you requested a tariff classification ruling. Additional information was provided in your February 8, 2016 letter. Samples and ingredients lists were submitted with your December letter. Additional information was provided in your February letter. The samples were examined and disposed of. Herbalife 24, Pro Sport: Hydrate Tangerine Citrus flavor, sku# 1413US is said to contain anhydrous dextrose, anhydrous citric acid, anhydrous calcium lactate, sodium citrate dihydrate, sea salt, potassium gluconate, natural orange mandarin tangerine, magnesium ascorbate monohydrate, potassium phosphate dibasic, stevia leaf powder extract, magnesium oxide powder, silicon dioxide, D-Calcium pantothenate, vitamin B-12, and thiamine mononitrate. CR7 DRIVE – Acai Berry flavor, sku# 1445US is said to contain anhydrous dextrose, sugar, maltodextrin, sodium citrate dihydrate, isomaltulose powder, anhydrous citric acid, anhydrous magnesium citrate tribasic, potassium phosphate dibasic, potassium chloride, natural fruit punch flavor, natural grape color, natural purple carrot color, thiamine mononitrate, and methylcobalamin. Both products, in concentrated powder form that must be mixed with water prior to ingesting, are marketed as dietary supplements. The Pro Sport is in 20 individual packages each one weighing 4.5 grams, net weight. The recommended daily serving is 2 packages mixed with 16 fluid ounces of water. The CR7 DRIVE is in plastic jars containing 810 grams (29 oz.), net weight. Recommended use for hydration after heavy exercise is 1 scoop (13.5 grams) of product mixed with 8 fluid ounces of water. The applicable subheading for the two products 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 general 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/. 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 bruce.hadleyjr@cbp.dhs.gov. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division