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March 8, 1999

CLA-2-21:RR:NC:2:228 D86952

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Bob Somerville
F.C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, NY 11559

RE: The tariff classification of a nutritional supplement from China

Dear Mr. Somerville:

In your letter dated January 15, 1999, on behalf of J.V. Trading Co., Inc., you requested a tariff classification ruling.

The product, Super Lucky brand Extra Strong Ginseng Extractum is a brown-colored liquid put up for retail sale in a glass vial containing 10 milliliters, ten vials in a cardboard box. Your letter states the ingredients are 97 percent distilled water and 3 percent ginseng root, and the product contains no alcohol or any other substance. The phrase “no alcohol” is also printed on the front panel of the box. Laboratory analysis, however, found the sample to contain 0.229 percent alcohol. The product is sold as a nutritional supplement.

The applicable subheading for this product 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 percent ad valorem.

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

The importation of this merchandise may be subject to requirements and/or restrictions imposed by the United States Food and Drug Administration or the Bureau of Alcohol, Tobacco, and Firearms. It is suggested you contact these agencies directly for further information.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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