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NY G81817





September 11, 2000

CLA-2-21:RR:NC:2:228 G81817

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Diane L. Weinberg
Meeks & Sheppard
330 Madison Avenue
New York, NY 10017

RE: The tariff classification of a dietary supplement from Denmark

Dear Ms. Weinberg:

In your letter dated August 28, 2000, on behalf of McNeil Consumer Products Company, Fort Washington, PA, you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. Probiatica is a dietary supplement in tablet form, put up for retail sale in containers holding 60 or 90 tablets. Each tablet is said to contain active bacteria lactobacillus reuteri mixed with other ingredients, including mannitol, xylitol, lactulosa of fatty acid, malic acid, corn protein, lemon aroma, and color.

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 includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

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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