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NY F84068




March 24, 2000

CLA-2-21:RR:NC:2:228 F84068

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. J.J. Edwards
241 West 97th Street #7N
New York, NY 10025-6209

RE: The tariff classification of a food supplement from Finland

Dear Mr. Edwards:

In your letters dated January 27, 2000 and February 20, 2000 you requested a tariff classification ruling.

Samples, ingredients breakdowns, and a production flow chart were submitted. The samples were examined and disposed of. Pycnogenol is described as a dietary supplement, in tablet form, consisting of maize starch, microcrystalline cellulose, dry extract from the bark of the coastal pine, Pinus maritima, magnesium stearate, and silicon dioxide. Pycnogenol and Pycnogenol Strong (containing twice the amount of extract) are packed in containers holding 60 tablets. The suggested dosage for is two to four tablets a day for Pycnogenol, and one to two tablets a day for Pycnogenol Strong.

The applicable subheading for this dietary supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty will be 6.4 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.

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 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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