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NY D82396




October 22, 1998

CLA-2-21:RR:NC:2:228 D82396

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.

Samples, submitted with your letter were examined and disposed of. Copies of the packaging design were submitted with your letter dated September 25, 1998. The product is a human food supplement in tablet form, consisting of St. John's wort (Hypericum perforation) extract, ascorbic acid, microcrystalline cellulose, maize starch, croscamellose, silicon dioxide, and magnesium stearate. The sample package also notes the presence of hydroxypropyl methylcellulose, polyethylene glycol, ferric oxide, artificial color, talc, artificial flavor, and dimethicone. The product is packed for retail sale, 72 tablets in 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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