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NY 864642


July 12, 1991

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6097; 2106.90.6099

Mr. John M. Mayhall, Jr.
Omega Nutrition, Inc.
3021 Lorna Road Suite 300
Birmingham, AL 35216

RE: The tariff classification of a food supplement from Germany

Dear Mr. Mayhall:

In your letter dated June 11, 1991, you requested a tariff classification ruling.

An ingredients breakdown and sample package accompanied your letter. "PCM-4" is a food supplement in tablet and capsule form. The primary ingredient in the tablets are polypeptides derived from bovine spleen extract. Other ingredients include sucrose, talc, and corn starch. The main ingredients in the capsules are lactose, gelatin, vegetable oils, and polypeptides derived from bovine spleen extract. The products are put up in retail packages containing 15 capsules and 90 tablets.

The applicable subheading for the PCM-4 tablets will be 2106.90.6097, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the PCM-4 capsules will be 2106.90.6099, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 10 percent ad valorem.

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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