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NY D84925




November 30, 1998

CLA-2-21:RR:NC:2:228 D84925

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Dr. James. L. Wilson
Immunogenics Corporation of America
1135 Terminal Way
Reno NV 89502

RE: The tariff classification of a food supplement from Bulgaria

Dear Dr. Wilson:

In your letter dated November 17, 1998 you requested a tariff classification ruling.

Samples, ingredients breakdowns, and a copy of the retail package design were submitted with your letter. The samples were examined and disposed of. "Nat-Slim" is described as a dietary supplement in the form of tablets or powder, consisting of lipopolysaccarides, peptidoglycan, N-acetyl D-glucosamine, N-acetylmuramic acid, murein, lactobacillus Bulgaricus, L-mannose, manitol, Kollidan D-25, and magnesium stearate. Nat Slim will be imported in 10, 15, 25, and 50-milligram tablets, blister packed or bulk, or as bulk powder.

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 duty rate will be 7.6 percent ad valorem.

Articles which are classifiable under subheading 2106.90.9998, HTS, which are products of Bulgaria, 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 C.F.R. Part 134). You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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