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NY H84826




August 14, 2001

CLA-2-21:RR:NC:2:238 H84826

CATEGORY: CLASSIFICATION

TARIFF NO.: 2102.20.6000

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd., Suite 728
Long Beach, CA 90802

RE: The tariff classification of powdered Spirulina, imported in bulk form, from China

Dear Ms. Denny:

In your letter dated June 6, 2001, resubmitted July 31, 2001, on behalf of your client, Zuellig Botanicals, Inc., you requested a tariff classification ruling.

The submitted sample, referred to as “Spirulina Algae Pwd,” consists of a dark-green powder, stated to be composed of nonviable, unicellular, blue-green algae belonging to the genus Spirulina. You indicate in your letter that the product is intended for use in the manufacture of nutritional supplements.

The applicable subheading for the subject product, imported in bulk form, will be 2102.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Inactive yeasts; other single-cell microorganisms, dead: Other." The rate of duty will be 3.2 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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