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NY K83533




March 5, 2004
CLA-2-21:RR:NC:2:228 K83533

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Angel Rodriguez
Panalpina, Inc.
67 Park Place
Morristown, NJ 07960

RE: The tariff classification of dietary supplements from Taiwan

Dear Mr. Rodriguez:

In your letter dated February 18, 2004, on behalf of Interplast Group, Inc., Loilita, TX, you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. The product is a brown-colored gelatin capsule said to be filled with a blend of garlic oil and flaxseed oil. Instructions on the container direct the user to consume one to two capsules after meals, two to three times a day. The capsules are put up for retail sale in a plastic bottle containing 90 capsules.

The applicable subheading for the garlic and flaxseed oil capsules will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother other. The rate of duty will be 6.4 percent ad valorem.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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