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NY I84265




August 21, 2002

CLA-2-19:RR:NC:2:228 I84265

CATEGORY: CLASSIFICATION

TARIFF NO.: 1901.90.9095; 2202.90.9090

Ms. Margaret R. Polito
Neville Peterson LLP
80 Broad Street
New York, NY 10004

RE: The tariff classification of dietary supplements from Japan

Dear Ms. Polito:

In your letter dated July 19, 2002, on behalf of Calpis Co., Ltd., Tokyo, Japan you requested a tariff classification ruling.

Ingredients breakdowns and production information were submitted with your letter. The products – Ameel Swallow, Ameel Chewable, and Ameel Liquid - are dietary supplements in tablet or liquid form. The primary ingredient in all three is a material derived from skim milk. This substance is the result of a process that separates the casein proteins from fermented milk and subjects the resulting solution to electric dialysis to remove some of the mineral components. To create Ameel Swallow and Ameel Chewable, the solution is blended with maltodextrin, spray dried, mixed with other ingredients (polyglycerol esters of fatty acids for Ameel Swallow, and sorbitol, corn starch, flavors, cellulose, esters of fatty acids, citric acid, and aspartame for the Ameel Chewable), and formed into tablets. For Ameel Liquid, the solution is mixed with maltitol syrup, soy fiber, pectin, flavors, sodium citrate, chlorogenic acids, cellulose and aspartame, and packed into bottles containing 5.4 ounces.

The applicable subheading for the Ameel Swallow and Ameel Chewable will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoanot elsewhere specified or includedotherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Ameel Liquid will be 2202.90.9090, HTS, which provides for other nonalcoholic beveragesotherotherother. The rate of duty will be 0.2 cents per liter.

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 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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