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NY D80280




August 21, 1998

CLA-2-30:RR:NC:2:238 D80280

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Mr. Robert Goldschmidt
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022-4223

RE: The tariff classification of Bifilon-50N from Japan

Dear Mr. Goldschmidt :

In your letter dated June 4, 1998, resubmitted on July 14, 1998, you requested a tariff classification ruling.

The submitted sample, Bifilon-50N, consists of a fine, white powder which, according to your letter, contains (by weight) 33.3% lyophilized (freeze-dried) bifidobacteria (Bifidobacterium longum BB536), 66.3% cornstarch (filler/stabilizer), and 0.4% calcium hypophosphate. According to a letter from the manufacturer, the microorganisms, which are rendered inactive by the freeze-drying process for storage purposes, are reactivated after ingestion into the body, where (according to the product literature) they proliferate in the gut. You state in your letter that the subject product is indicated for use as a dietary supplement.

The applicable subheading for Bifilon-50N will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Human blood; ... , cultures of microorganisms (excluding yeasts) and similar products: Other: Other: Other:" The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski

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