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NY B83618




June 4, 1997

CLA-2-19:RR:NC:2:228 B83618

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd.
Long Beach, CA 90802

RE: The tariff classification of a rice and yeast powder from China

Dear Ms. Denny:

In your letters dated February 18, 1997 and March 25, 1997, on behalf of Generation Health, Inc., dba Pharmanex, Inc., Simi Valley, CA, you requested a tariff classification ruling.

A sample, submitted with your first letter, was examined and disposed of. The product, "RY II Rice/Yeast Powder," is a red, granular material, prepared from non-glutinous rice to which a culture medium has been added, sterilized, inoculated with monascus yeast, incubated for nine days, sterilized, and ground to a very fine particle size. The resulting product, 99 percent fermented rice and one percent yeast, will be packed in plastic-lined fiberboard drums, and used as a food supplement. Your letter states this product reduces total serum cholesterol, LDL cholesterol and triglycerides, and increases levels of HDH cholesterol.

The applicable subheading for this product will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of flour, meal, starch or malt extract...other...other...other. The rate of duty will be 8.2 percent ad valorem.

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 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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