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NY H82860




July 18, 2001

CLA-2-21:RR:NC:2:228 H82860

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

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

RE: The tariff classification of a dietary supplement from Colombia.

Dear Mr. Amor:

In your letters dated April 24, 2001, and June 11, 2001, on behalf of MAC Imports Inc., Miami, FL, you requested a tariff classification ruling.

A sample was submitted with your first letter. An ingredients breakdown, flow chart, and a description of the manufacturing process were submitted with your second letter. Embryovit Dietary Supplement is made from embryos and amniotic fluid that have been extracted from disinfected fertilized eggs. After extraction, the embryos are homogenized, vitamins A, E, B6 and B12, thiamin, riboflavin, niacin, and calcium pantothenate are added, and the mixture is freeze dried. The amniotic liquid is centrifuged then filtered. The imported product is comprised of 16 7-ounce glass vials each of amniotic liquid and embryonic cells. The product is used as a human food supplement. The user is directed to pour the contents of one vial of amniotic liquid into one vial of embryonic cell freeze dried powder, and shake to obtain a homogeneous solution. The mixture may be added to juice, yogurt or cold beverages. Suggested usage is 1-3 servings daily.

The applicable subheading for the Embryovit Dietary Supplement will be 2106.90.9998 Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included otherotherother. 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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