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NY C86392




April 14, 1998

CLA-2-21:RR:NC:2:228 C86392

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Celia Vieira
13438 S.W. 131st Street
Miami, FL 33186

RE: The tariff classification of a food supplement from Brazil. Correction to Customs Ruling No. NY C84229.

Dear Ms. Vieira:

This ruling is being issued to correct Customs Ruling No. NY C84229, dated February 26, 1998, which inadvertently omitted a paragraph on duty free treatment under the Generalized System of Preferences (GSP). A complete corrected ruling follows.

In your letters dated December 5, 1997, and January 26, 1998, you requested a tariff classification ruling.

The samples accompanying your first letter were examined and disposed of. The Guarana food supplement is a brown-colored powder put up in clear gelatin capsules. It is made from the guarana fruit (Paulinia sorbilis sapindacea) that is dried, skinned, crushed, and filled into capsules. It is put up in plastic containers holding thirty 500 mg. capsules, and used as a food supplement. Suggested dosage is one or two capsules per day.

The applicable subheading for this food supplement 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 rate of duty will be 7.6 percent ad valorem.

Articles classifiable under subheading 2106.90.9998, HTS, which are products of Brazil, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.

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 you have 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.

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,

Robert B. Swierupski
Director,

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