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NY B81831



February 26, 1997

CLA-2-21:RR:NC:2:228 B81831

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Karen Bier
Rocky Mountain Ginseng, Inc.
999 West Broadway
Vancouver, B.C., Canada V5Z 1K5

RE: The tariff classification of a food supplement from Canada.

Dear Ms. Bier:

In your letters dated December 5, 1996, and January 20, 1997, you requested a tariff classification ruling.

The sample submitted with your January letter, was examined and disposed of. The product is 100 percent powdered American Ginseng root (panax quinquefolium) put up in gelatin capsules containing 390 mg. The capsules are packed for retail sale in plastic containers, with a recommended dosage of one to three capsules daily.

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.

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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