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NY C87678




June 5, 1998

CLA-2-17:RR:NC:SP:232 C87678

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 2106.90.9985

Ms. Ingrid Stokke
Norwegian Trade Council
800 Third Avenue, 23rd Floor
New York, NY 10022-7604

RE: The tariff classification of CuraMed Lozenges from Norway.

Dear Ms.Stokke:

In your letter dated May 8, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is three varieties of "CuraMed" flavored throat lozenges, retail blister packaged 10 per strip, two strips per cardboard box. The three flavors are distinguished by the color of the box, as all the lozenges themselves look alike.

The "Green" lozenges are said to consist of 5 percent bovine colostrum, 93 percent glucose, 1 percent gelatin, and traces of flavors and preservatives. The "Red" lozenges are stated to contain 6 percent bovine colostrum, 83 percent xylitol, 4 percent cellulose, 5 percent polyetylenglycol (sic), 1 percent peppermint oil, and traces of preservatives. The "Yellow" lozenges are said to contain 84.6 percent xylitol, 1.8 percent ascorbic acid, 2 percent Methocel E 5 PR, 4.7 percent distilled water, 2.9 percent bovine colostrum, 2 percent lemon flavor, and preservatives.

The applicable subheading for the "Green" lozenges will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for Sugar confectionery (including white chocolate), not containing cocoa: Other: Confections or sweetmeats ready for consumption: Other: Other...Put up for retail sale: Other. The rate of duty will be 6.1 percent ad valorem.

The applicable subheading for the "Red" and "Yellow" lozenges will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTS), which provides for Food preparations not elsewhere specified or included: Other: Other..Confectionery (including gum) containing synthetic sweetening agents (e.g. saccharin) instead of sugar. The rate of duty will be 7.6 percent ad valorem.

You indicate an interest in importing bovine colostrum in bulk. However, your inquiry does not provide enough information for us to give a classification ruling on the bovine colostrum. Your request for such a classification ruling should include details on what you mean by "bulk". How will it be imported? Will it be concentrated and/or dried? Will it contain sugar or other sweetening matter? What is the butterfat content of the intended shipment? What is its proposed use? When all this information is available, you may wish to consider resubmission of your request.

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 samples you have submitted do 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.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

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

A copy of this 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 John Maria at 212-466-5730.

Sincerely,

Robert B. Swierupski

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