The tariff classification of four dietary supplement blends from India and China

N285255 May 12, 2017 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Anil Shetty USPL Nutritionals LLC 1300 Airport Road  North Brunswick, NJ 08902 RE: The tariff classification of four dietary supplement blends from India and China Dear Mr. Shetty: In your letter dated April 12, 2017, you requested a tariff classification ruling. Your letter included an ingredients breakdown. Four product blends, imported in both 25 and 50 kilogram drums, net weight, are as follows. Blend No. 500497 is said to contain of approximately 77 percent alpha lipoic acid, 19 percent ethyl cellulose, 4 percent carnauba wax, and 1% silicon dioxide. Blend No.500471 is said to contain approximately 73 percent alpha lipoic acid, 9 percent microcrystalline cellulose, and 19 percent hydroxypropylmethyl cellulose. Blend No.500470 is said to contain approximately 92 percent alpha lipoic acid, 8 percent HPMC E-5, and a trace amount of silicon dioxide. Blend No.500502 is said to contain approximately 94 percent alpha lipoic acid, 3 percent gum accacia, and 3 percent microcrystalline cellulose. In your letter, you suggested the product may fall in subheading 2934.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds . . . Other . . . Other . . . Other . . . Other . . . Other. Note that Chapter Note 1(a) in Chapter 29 restricts the scope of the heading in that chapter to include only separate chemically defined organic compounds, whether or not containing impurities. Based on the composition of materials which renders the product a mixture, it will be classified elsewhere. The applicable subheading for the four dietary supplement blends will be subheading 2106.90.9898, 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