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NY G86356

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January 24, 2001

CLA-2-21:RR:NC:2:228 G86356

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9500; 2106.90.9700; 2106.90.9997; 2106.90.9998

Ms. Jean Lai Tong
Mom Mom Wong Bright Trading Co., Inc.
396 Broadway, Suite 901
New York, NY 10013

RE: The tariff classification of food supplements from Taiwan

Dear Ms. Tong:

In your letter dated January 9, 2001 you requested a tariff classification ruling.

Samples, ingredients breakdowns, and a description of the manufacturing process were submitted with your letter. The products are food supplements, in granular, tablet, or capsule form, based on pollen, and containing a variety of other ingredients. Fruity Pollen is a yellow granular material said to be composed of sucrose (approximately 66 percent), pollen, citric acid, and orange or strawberry powder. Dynasty I B-Hive is a yellow-colored tablet composed of pollen, lactose, sucrose (10 percent), honey, royal jelly, and calcium carbonate. Dynasty II is a brown granular material consisting of pollen, lactose, calcium carbonate, and dextrose. Dynasty IV Cliao is a yellow powder in a gelatin capsule, containing pollen, lactose, dextrose, and “vita green.” All are packed for retail sale. Dynasty I B-Hive and Dynasty IV Cliao are packed 100 tablets and 40 capsules, respectively, to a plastic bottle. The Fruity Pollen and Dynasty II products are put up in sealed, foil pouches containing 2 or 5 grams, with 30 or 50 pouches in a cardboard box.

The applicable subheading for the Fruity Pollen, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherarticles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17 described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS

The applicable subheading for the Dynasty I B-Hive will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherothercontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Dynasty II and Dynasty IV Cliao 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.

Your inquiry does not provide enough information for us to give a classification ruling on SAS Ling Zhi capsules and Caenar capsules. Your request for a classification ruling should include samples of these products, a complete ingredients breakdown, and a description of the manufacturing process. For the Ling Zhi, please provide the identity of the plant or plants from which it is derived. When this information is available, you may wish to consider resubmission of your request.

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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See also:

• Tariff No.: 2106.90.95 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, subject to add US note 8 to Ch. 17, not GN15
• Tariff No.: 2106.90.97 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, not subject to add US note 8 to Ch. 17, not GN15
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen
• Tariff No.: 9904.17.49 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., under $0.05/kg
• Tariff No.: 9904.17.56 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., $0.35/kg or more