The tariff classification of a dietary supplement from Canada

N295442 April 16, 2018 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Mr. Joseph Walter Livingston International Professional Services, LLC 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of a dietary supplement from Canada Dear Mr. Walter: In your letter dated March 22, 2018, you requested a tariff classification ruling on behalf of your client, Immunotec, Inc., Canada. An ingredients breakdown, manufacturing flowchart, and a product label accompanied your inquiry. The product, “Calcium-D,” is said to contain approximately 47 percent calcium phosphate, 27 percent phosphorus, 10 percent microcrystalline cellulose, 6 percent acacia gum, 5 percent magnesium citrate, 2 percent potassium, 1 percent sodium, and trace amounts of Vitamin D (cholecalciferol), croscarmellose, magnesium stearate, hypromellose, and carnauba wax. The product is said to function as a dietary supplement that provides the maintenance of bone nutrition. The product is imported for retail sale in bottles containing 60 tablets. The directions instruct the user to consume two tablets once or twice a day. The applicable subheading for the 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 . . . 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 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