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NY G81914




September 21, 2000

CLA-2-21:RR:NC:2:228 G81914

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. David Amor
Global Cargo Brokers Inc.
P.O. Box 831720
Miami, FL 33283-1720

RE: The tariff classification of a dietary supplement from Canada

Dear Mr. Amor:

In your letter dated August 29, 2000, on behalf of Health and Shape Corp., dba Toldomatic Corp, Hallandale, FL, you requested a tariff classification ruling.

A sample and a list of ingredients were submitted with your letter. The sample was examined and disposed of. “Slender Night – The Sleeping Diet” is a pale yellow-colored liquid consisting of purified water, collagen hydrolysate, aloe vera juice, glycerin, powdered wild yam, and preservatives, put up in a white plastic bottle containing 500-ml. One tablespoon of the elixir is mixed with a glass of water or unsweetened grapefruit juice, is taken 3-4 hours after the last meal, before bedtime. Using the product is said to help the body burn surplus fat and restore lean muscle tissue during sleep.

The applicable subheading for the 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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