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NY 806813



February 23, 1995

CLA-2-21:S:N:N7:228 806813

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9999

Jason Williams
Bio-Active Nutrition Co.
140 Marine View, Office 204
Solana Beach, CA 92075

RE: The tariff classification of food supplement from China.

Dear Mr. Williams:

In your letter dated February 8, 1995 you requested a tariff classification ruling.

The samples accompanying your letter were examined and disposed of. "Chinese Turtle Factor" is composed of freeze-dried turtle extracts put up in gelatin capsules, with twelve capsules in each retail-sized package. The product will be used as a food supplement.

The applicable subheading for the "Chinese Turtle Factor" will be 2106.90.9999, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations elsewhere specified or included...other...other...other. The rate of duty will be 9.4%.

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 United States 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.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency 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
New York Seaport

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