NY 0857344 - The tariff classification of Guarana Jungle Elixir from Belgium - United States International Trade Commision Rulings

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NY 857344

Oct 26, 1990

CLA-2-21:S:N:N1:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6099

Mr. Paul C. Bird, Sr.
Bird's Trading Company
3416 Hopkins Avenue
Baltimore, MD 21227

RE: The tariff classification of Guarana Jungle Elixir from Belgium

Dear Mr. Bird:

In your letter dated October 17, 1990 you requested a tariff classification ruling.

An ingredients breakdown and one sample of the product was provided with your letter. The article is a liquid composed of 93.16 percent Mistilla wine, 4.96 percent ground guarana seeds, and 1.88 percent concentrated wheat germ oil. The liquid is put up in 15 milliliter glass vials, and packed in a carton containing 10 such units. The product is sold as an herbal food supplement, with a suggestad usage of one or two vials daily.

The applicable subheading for the Guarana Jungle Elixir will be 2106.90.6099, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included... other...other. The duty rate will be 10 percent ad valorem.

This merchandise may be subject to restrictions or additional taxes imposed by the United States Food and Drug Administration and/or the Bureau of Alcohol, Tobacco and Firearms. It is suggested you contact these agencies directly for additional information.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the U.S. must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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