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NY B84789




May 12, 1997

CLA-2-21:RR:NC:2:228 B84789

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Susan Kohn Ross
S.K. Ross & Associates, P.C.
5777 West Century Blvd.
Los Angeles, CA 90045-5659

RE: The tariff classification of food supplements from England

Dear Ms. Ross:

In your letter dated April 23, 1997, on behalf of Healthaid America, you requested a tariff classification ruling.

"Ginkgo Vital 3," "Tang Royal Jelly" and "Royal 3" are human food supplements, in gelatin capsules, packed for retail sale. One sample capsule, the retail container, and a copy of the promotional literature for Ginkgo Vital 3, and a copy of the promotional literature for Tang Royal Jelly, were submitted with your letter. Ginkgo Vital 3 is said to be composed of ginkgo extract, ginseng extract, soybean oil, lecithin, and beeswax. Tang Royal Jelly consists of royal jelly, wheat germ oil, glycerine, beeswax, and lecithin. Royal 3 is said to contain royal jelly, ginseng, evening primrose oil, wheat germ oil, glycerine, beeswax, and lecithin. The actual quantities of ingredients in each product was not provided. The literature states each capsule of Ginkgo Vital 3 contains 100 milligrams of ginkgo, 250 milligrams of Siberian ginseng, and 150 milligrams of Panax ginseng, and the container suggests a dosage of one capsule per day. The literature for Tang Royal Jelly indicates it is in a 600 milligram capsule, and recommends the consumption of one capsule per day.

The applicable subheading for the Ginkgo Vital 3, Tang Royal Jelly, and Royal 3 will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...other. The duty rate 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.

With regard to the tariff classification for the Koregin and Sibergin, you have indicated that this is currently the subject of an application for further review of a protest at the port of Los Angeles/Long Beach. This office is precluded from ruling on the classification of merchandise which is the subject of a current or completed Customs transaction. A ruling will be issued to you by our Headquarters office.

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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