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NY B84570




May 5, 1997

CLA-2-21:RR:NC:2:228 B84570

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, New York 11559

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

Dear Mr. Somerville:

In your letter dated April 17, 1997, on behalf of Tai Wing Hong, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. Peking Royal Jelly is said to consist of 40 percent sucrose, 10 percent royal jelly, 0.6 percent radix codonopsis pilosulae, 0.4 percent fructose lycii, and the balance is of ginseng root and water. The product is put up in glass vials containing 100 cubic centimeters each, 10 vials to a box, to be used as a food supplement with a suggested dosage of one or two vials daily.

The applicable subheading for this food supplement will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations or elsewhere specified or included...other...other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 8.2 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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