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NY F83405




March 7, 2000

CLA-2-21:RR:NC:2:238 F83405

CATEGORY: CLASSIFICATION

TARIFF NO.: 2102.20.6000

Mr. Nicholas Cola
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Chlorella G-Powder from Taiwan

Dear Mr. Cola:

In your letter dated January 20, 2000, resubmitted March 1, 2000, you requested a tariff classification ruling.

According to the manufacturer’s Production Flow Chart, the subject product, Chorella G-Powder, consists of pure Chlorella (a green, unicellular, nonmotile algae) which, after being subjected to (a nonspecified type of) physical sterilization, is spray-dried to form a powder. You stated, during a telephone conversation with a member of my staff, on March 3, 2000, that the subject product is intended for use as a dietary supplement.

The applicable subheading for the subject product will be 2102.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Inactive yeasts; other single-cell microorganisms, dead: Other." The rate of duty will be 3.2 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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