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NY 884780




May 5, 1993

CLA-2-14:S:N:N7:228

CATEGORY: CLASSIFICATION

TARIFF NO.: 1404.90.0000; 2106.90.6599

Ms. Margaret S. Alford
Thompson & Knight
3300 First City Center
1700 Pacific Avenue
Dallas, TX 75201

RE: The tariff classification of food supplements from South Africa

Dear Ms. Alford:

In your letter dated April 5, 1993, on behalf of Ms. Annique Theron, you requested a tariff classification ruling.

Technical information for three products, and several samples of one of these items, accompanied your letter. Red Bush Tea ("rooibos tea") is described as the dry leaves from the rooibos tea plant, a plant indigenous to the northwest region of South Africa. The dry leaves are steeped in water to make a hot beverage. Wonder Slim is a pale white powder used as a diet supplement. The ingredients of Wonder Slim are said to be a protein mixture, milled wheat, a "non-dairy blend," maize starch hydrolyzate, soya isolate, a non-dairy creamer, methyl cellulose, color, potassium chloride, flavor, sodium chloride, corn starch, calcium cyclamate, aspartame, and less than one percent each of a vitamin premix, magnesium hydroxide carbonate, sodium saccharin, iron sulfate hydroxide, and potassium iodade. Wonder Slim will be prepared in six different flavors, and will be put up for retail sale.

The applicable subheading for the Red Bush (rooibos) Tea will be 1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for vegetable products not elsewhere specified or included... other. The rate of duty will be free.

The applicable subheading for Wonder Slim will be 2106.90.6599, HTS, which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 10 percent ad valorem.

The importation of this merchandise may be subject to restrictions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested you contact these agencies directly for further information.

Your inquiry does not provide enough information for us to give a classification ruling on Bio Rhythmic Espelin. Your request for a classification ruling should include a complete ingredients breakdown, by weight, a sample, and information regarding how it is to be used.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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