The tariff classification of a dietary supplement from South Africa

N281016 January 27, 2017 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Joanne Wright CrampEase 173 Arbor Drive West Palm Harbor, FL 34683 RE: The tariff classification of a dietary supplement from South Africa Dear Ms. Wright: In your letter dated October 14, 2016, you requested a tariff classification ruling. In response to an inquiry by this office, you also forwarded some additional information and samples. The samples were examined and discarded. CrampEase™ 30’s is said to be composed of magnesium oxide, magnesium citrate, magnesium gluconate, l-carnitine tartrate, di-sodium phosphate, di-potassium phosphate, l-glutamate, calcium carbonate, l-aspartic acid, vitamin B6 (pyridoxine hcl), and vitamin D3. Instructions on the packaging directs the user to ingest two capsules daily after breakfast to prevent muscle cramps associated with physical activity. CrampEase™ Nite 30’s is said to be composed of magnesium oxide, magnesium citrate, magnesium gluconate, di-sodium phosphate, calcium gluconate, di-potassium phosphate, chamomile powder, vitamin B6 (pyridoxine hcl), and vitamin D3. Instructions on the packaging directs the user to ingest two capsules at night after dinner to prevent night time muscle cramps associated with physical activity and pain associated with restless legs syndrome. Each product contains 10 capsules per blister pack with three packs in each carton. The applicable subheading for both dietary supplements 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 . . . 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 https://hts.usitc.gov/current. 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 bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division