The tariff classification of dietary supplements from Canada

N295081 April 10, 2018 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Joseph Walter Livingston International 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of dietary supplements from Canada Dear Mr. Walter: In your letter dated March 5, 2018 you requested a tariff classification ruling on behalf of your client, Immunotec, Inc., Canada. An ingredients breakdown, manufacturing flowcharts, and product labels accompanied your inquiry. Magistral is a dietary supplement in liquid form that is said to contain approximately 72 percent spring water, 15 percent saw palmetto berries, 12 percent glycerine, and trace amounts of orange flavor, damiana, ginseng, date flavor, ginkgo biloba, maple flavor, muria puama, methylparaben, and propylparaben. Magistral is imported for retail sale in a 17 ounce bottle, net weight. Label directions state the product is to be consumed in 1 tablespoon doses taken once per day. The applicable subheading for the Magistral product will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The general duty rate 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. Your inquiry does not provide enough information for us to give a classification ruling on “Xtra Sharp Original,” and “Xtra Sharp Fruit Flavor.” Your request for a classification ruling should include an ingredients breakdown by weight presented in percentage format for each product. When this information is available, you may wish to consider resubmission of your request. 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