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NY B81486




February 13, 1997

CLA-2-21:RR:NC:2:228 B81486

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Jose Suarez
Inprovit Pharmanatural Corp.
P.O. Box 1436
Juana Diaz, Puerto Rico 00795

RE: The tariff classification of nutritional supplements from Venezuela.

Dear Mr. Suarez:

In your letter dated January 20, 1997, you requested a tariff classification ruling.

Descriptive literature and samples were submitted with your letters. The samples were examined and disposed of. The product is a green powder, said to be a mixture of garlic scented petiveria (Petiveria alliacea) and plantain (Plantago major) put up in hard gelatin capsules, shipped in bulk packages of one thousand capsules. 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 supplement 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 8.2 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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