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NY D82395




October 22, 1998

CLA-2-21:RR:NC:2:228 D82395

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Patrick D. Gill
Rode and Qualey
295 Madison Avenue
New York, NY 10017

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

Dear Mr. Gill:

In your letter dated September 21, 1998, on behalf of Warner-Lambert Company, Morris Plains, New Jersey, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The product is an herbal food supplement in softgels, said to contain 160 milligrams of dried saw palmetto (Serenoa repens) berry extract. The sample package identifies the ingredients as gelatin, glycerol, and ferric oxide. Your letter, however, states each "tablet" contains saw palmetto extract, glycerol, gelatin, titanium dioxide, FD&C Blue no. 1, and FD&C Yellow no. 6. The product is put up in blister packs, 28 softgels to a box.

The applicable subheading for the 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.

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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