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March 24, 1999

CLA-2-21:RR:NC:2:228 D88372

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of herbal supplements from India.

Dear Mr. Ralston:

In your letter dated February 24, 1999, on behalf of Ethnic Gourmet you requested a tariff classification ruling.

Ingredients breakdowns were submitted with your letter. The products are “Miltani” brand nutritional supplements. Tricoslim, Kuka Power, and Shilajeet are various herbal extracts and plant parts in capsule form. Kuka Cough Syrup contains herbal extracts in a syrup base. The recommended dosage is 1-3 capsules twice a day, or ½-2 teaspoons of cough syrup, twice a day, depending upon age.

The applicable subheading for the food supplements 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.

The importation of this merchandise may be subject to restrictions imposed by the United States Food and Drug Administration. It is suggested you contact this agency directly for further information.

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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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