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NY A85834



August 16, 1996

CLA-2-21:RR:NC:FC:228 A85834

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Gilbert Hernandez
Inprovit Pharmanatural Corp.
P.O. Box 1436
J. Diaz, Puerto Rico 00795

RE: The tariff classification of nutritional supplements from Venezuela.

Dear Mr. Hernandez:

In your undated letter received on July 17, 1996, you requested a tariff classification ruling.

Descriptive literature and samples were submitted with your letters. The samples were examined and disposed of. The products are said to be dehydrated and pulverized medicinal herbs and spices put up in gelatin capsules containing 300 mg., net weight, 90 capsules to a plastic bottle. Anamuvit Plantain consists of 66.6 percent garlic scented petiveria (Petiveria alliacea) and 33.3 percent Plantain (Plantago major). Cat's Claw, or Una de Gato, is 100 percent Uncaria tormentosa. Diabetvit is made from 33.3 percent bittergourd (Momordica charantia), 33.3 dandelion (Taraxacum officinale), 16.6 percent sage (Salvia officinalis), and 16.6 percent white horehound (Marrubium vulgare). Digestvit contains 16.6 percent each of rosemary (Rosmarinus officilis), senna (Cassia angustifolia), horsetail (Equissetum arvense), anise (Pimpinella anisum), chamomile (Matricharia chamomilla), and lemon grass (Cymbopogon citratus). Nervousvit contains 33.3 percent each of chamomiile (Matricharia chamomilla), linden (Tilia platyphyllos), and valerian (Valeriana officinalis). The capsules are to be used as dietary supplements with recommended dosages from one to two capsules, three times a day.

The applicable subheading for the nutritional supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations or elsewhere specified or included...other...other...other. The rate of duty will be 8.8 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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