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NY B85998




June 19, 1997

CLA-2-4:RR:NC:2:228 B85998

CATEGORY: CLASSIFICATION

TARIFF NO.: 0409.00.0025, 1212.99.0000, 2106.90.9998

Ms. Sunny Makleff
9145 Charleville Blvd. #2
Beverly Hills, CA 90212-3501

RE: The tariff classification of nutritional supplements from Israel.

Dear Ms. Makleff:

In your letters dated March 25, 1997, and May 22, 1997, you requested a tariff classification ruling.

Pictorial literature was submitted with your March letter. Ingredients breakdowns accompanied your second letter. "Pure Honey" consists of 100 percent honey packed in glass or plastic containers holding from 200 grams to 1500 grams. Pollen and royal jelly in pure honey consists of honey, royal jelly, and bee pollen. "Pollen" contains 100 percent bee pollen from wild flowers, and is available in 500 gram or 200 gram packages. Fresh Royal Jelly in Honey is a mixture of honey and royal jelly in 130 and 450 gram containers. "Propolis" includes mixtures of honey, propolis, and royal jelly, in 130 and 450 gram containers, and tinctures consisting of alcohol and propolis, or alcohol, propolis, and echinacea. The tinctures are put up in small glass bottles with a medicine dropper or spray, to be added to juice or eaten off a spoon. "Ginseng" is ginseng and royal jelly in pure honey, in 130 and 450 gram packages. The products are packaged for retail sale, to be used as nutritional supplements.

The applicable subheading for the 100 percent pure honey will be 0409.00.0025 Harmonized Tariff Schedule of the United States (HTS), which provides for natural honey...comb honey and honey packaged for retail sale. The general rate of duty will be 2 percent ad valorem. In addition, all natural honey is subject to an additional agricultural fee of 2.2 cents per kilogram.

The applicable subheading for the pollen from wild flowers will be 1212.99.0000, HTS, which provides for other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included...other...other. The rate of duty will be free.

The applicable subheading for the royal jelly in honey, propolis, and ginseng products, will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The general rate of duty will be 8.2 percent ad valorem.

Articles classifiable under subheading 0409.00.0025 and 2106.90.9998, HTS, which are products of Israel are entitled to duty free treatment under the United States - Israel Free Trade Area upon compliance with all applicable regulations.

The importation of this merchandise may be subject to restrictions imposed by the Food and Drug Administration. You may contact the FDA at:

Food And Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington, D.C. 20204

Additional requirements may be imposed on the tinctures by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at: Bureau of Alcohol, Tobacco and Firearms 650 Massachusetts Avenue N.W. Washington, D.C. 20226 Tel# 202-927-8500

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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