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NY K84202




March 25, 2004
CLA-2-17:RR:NC:2:228 K84202

CATEGORY: CLASSIFICATION

TARIFF NO.: 1704.90.3550; 2106.90.9987; 2106.90.9998

Ms. Jennifer Scott
Expeditors International of Washington, Inc. 21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of dietary supplements from Italy

Dear Ms. Scott:

In your letter dated March 8, 2004, on behalf of Aboca USA, Inc., Seattle, WA, you requested a tariff classification ruling.

Five samples, described as dietary or herbal supplements, were submitted with your letter. Propol Pure Chewable Throat Lozenges are tablets said to be composed of “proprietary blend propol pure” (powdered skim and whole milk, inulin, and dried propolis extract), cane sugar, fructose, orange juice, orange flavor, and lemon flavor. The lozenges are packaged 10 tablets to a card, four cards in a box. Phytoslim Purifier Herbal Diet-Fluid Reducer consists of tea bags filled with chopped plant parts (java tea leaves, licorice root, fennel, goldenrod, peppermint, dandelion root, turmeric root, horsetail, and stinging nettle), 20 tea bags in a box. Propol Pure Oral Throat Spray is a glass bottle with a pump spray cap, containing 30 milliliters of a liquid said to be composed of “proprietary blend propol pure” (propolis extract and honey), lemon flavor, xanthan gum, and lemon essential oil. Natura Mix Herbal Supplement for Adults are gelatin capsules filled with dried royal jelly, dried plant extracts, and bee pollen. The capsules are packed 15 on a card, in a box containing 6 cards. Menovamp Herbal Supplement is a gelatin capsule filled with a variety of dried plant extracts and powdered plant parts, packed 15 capsules per card, 4 cards in a box.

The applicable subheading for the Propol Pure Chewable Throat Lozenges will be 1704.90.3550, Harmonized Tariff Schedule of the United States (HTS), which provides for sugar confectionerynot containing cocoaotherconfections or sweetmeats ready for consumptionotherput up for retail saleother. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the Phytoslim Purifier Herbal Diet-Fluid Reducer will be 2106.90.9987, HTS, which provides for food preparations not elsewhere specified or includedotherotherotherherbal teas and herbal infusions comprising mixed herbs. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Propol Pure Oral Throat Spray, Natura Mix Herbal Supplement for Adults, and Menovamp Herbal Supplement will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedotherotherotherother. 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).

The samples are being returned to you, as requested.

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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