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NY 808218




March 30, 1995

CLA-2-21:S:N:N7:228 808218

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9999

Mr. Frank Astete
FAP Imports, Inc.
260 Washington Ave.
Hackensack, NJ 07601

RE: The tariff classification of a food supplement from Peru

Dear Mr. Astete:

In your letter dated March 13, 1995 you requested a tariff classification ruling.

Samples and technical literature accompanied your letter. The sample was examined and disposed of. The product, called "Uncar, extract of una de gato," consists of a brown powder put up in an edible capsule, sold as a food supplement. The powder is said to be composed of extract from the bark of a plant identified as Uncaria tomentosa, glucose, magnesium silicate, silicon dioxide, and magnesic salt.

The applicable subheading for this food supplement will be 2106.90.9999, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The duty rate will be 9.4 percent ad valorem.

Articles classifiable under subheading 2106.90.9999, HTS, which are products of Peru are entitled to duty free treatment under the Generalized System of Preferences (GSP) and the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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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