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NY 864324


JUL 5 1991

CLA-2-30:S:N:N1:30 864324

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.1000

Mr. Edward Baker
A.N. Deringer, Inc.
39 West Service Road
Champlain, New York 12919-9703

RE: The tariff classification of Lyo-San Bifidus capsules and powder (Bifidobacterium longum) packaged for retail sale from Canada

Dear Mr. Baker:

In your letter dated June 13, 1991 you requested a tariff classification ruling on behalf of your client, Lyo-San Inc.

The Lyo-San Bifidus is made of freeze-dried Bifidobacterium longum bacteria culture powder obtained from a starter colony in a skim milk broth.
After milling, some of the powder will be encapsulated (120 capsules per bottle) as well as sold loose (70 grams per bottle) and used as a food supplement.

The applicable subheading for the Lyo-San Bifidus will be 3002.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ferments. The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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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