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NY 879407





November 6, 1992

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6099

Ms. Elizabeth Park
H.P. International, Ltd.
4214-236th S.W. #R-203
Mountlake Terrace, WA 98043

RE: The tariff classification of a food supplement from Japan

Dear M. Park:

In your letter dated October 12, 1992, you requested a tariff classification ruling.

A sample and technical literature accompanied your letter. The sample was examined and disposed of. Chlostanin Eva Yang is a brown, granular material said to be composed of approximately 47 percent mushroom extract, 34 percent photosynthetic chlorella extract, 16 percent mushroom powder, and 4 percent cyclodextrin. The product is put up in glass bottles containing 5 grams, and packed 10 units to a box. Eva Yang is sold as a food supplement, the granules eaten directly from the bottle, or dissolved in hot water. Each bottle is said to contain three to five dosages.

The applicable subheading for this merchandise 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... other. The rate of duty will be 10 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

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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