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NY K84259




March 25, 2004
CLA-2-21:RR:NC:2:228 K84259

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9987; 2106.90.9998; 3004.90.9150; 3304.10.0000

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 9, 2004, on behalf of Aboca USA, Inc., Seattle, WA, you requested a tariff classification ruling.

Five samples, described as herbal or dietary supplements, accompanied your letter. Finocarbo Plus consists of tea bags filled with chopped plant parts (fennel, star anise, licorice, chamomile, peppermint, caraway, cumin, and lemon balm). Each tea bag is in a foil pouch, with 20 pouches in a box. Prostenil consists of gelatin capsules filled with a mixture of dried plant extracts (saw palmetto, uva ursi, nettle, echinacea), brewer’s yeast, and essential oils of cajuput and Italian cypress. Prostenil is packed 15 capsules on a card, 8 cards in a box. Colest-Oil is a gelatin capsule filled with fish oil, garlic extract, guggul oleo-gum-resin extract, and essential oil of rosemary. Fifteen capsules are on a card, 4 cards in a box. Sollievo herbal supplement is described as a “natural laxative for occasional constipation.” It is in the form of a tablet, said to be composed of senna, aloe vera, dandelion, chicory, fennel, caraway, boldo, cumin, and essential oil of fennel. The sample of this product contained six tablets on a card, packed in a box. Propol Pure Lip Therapy Stick is a lip coating in the form of a retractable rod housed in a plastic tube containing 5.25 grams, net weight. The stated ingredients are mineral oil, castor oil, petrolatum, parrafin, isopropyl myristate, ozokerite, candella wax, microcrystalline wax, hydrogenated lanolin, propolis wax, butyl methooxydibenzoylmethane, cetyl alcohol, tocopherol acetate, BHA, and fragrance.

The applicable subheading for the Finocarbo Plus will be 2106.90.9987, Harmonized Tariff Schedules of the United States (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 Colest-Oil and Prostenil will be 2106.90.9998, HTS, which provides for food preparations not elsewhere specified or includedother otherotherother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the Sollievo will be 3004.90.9150, HTS, which provides for medicamentsconsisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured dosesor in forms or packings for retail saleotherothermedicaments primarily affecting the digestive system laxatives. The rate of duty will be free.

The applicable subheading for the Propol Pure Lip Therapy Stick will be 3304.10.0000, HTS, which provides for beauty or make-up preparations and preparations for the care of the skin (other than medicaments)lip make-up preparations. The rate of duty will be free.

Perfumery, cosmetic, and toiletry products are 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 U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD, 20740-3835. Their telephone number is (202) 418-3412.

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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