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NY L80213




October 25, 2004

CLA-2-21:RR:NC:2:228 L80213

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Steve Strickland
Advanced Dream Nutrition
180 N. Pioneer
Ashland, OR 97520

RE: The tariff classification of herbal supplements from Mexico and China.

Dear Mr. Strickland:

In your letter dated October 1, 2004, you requested a tariff classification ruling.

The merchandise is described as herbal supplements, in capsule form, put up for retail sale in bottles containing 60 capsules. Products described as formulation nos. 1, 2, and 7, imported from Mexico, are composed principally of 60 mg of Calea zacatechichi extract in an excipient of magnesium stearate. Formulation no. 1 also contains 3 mg melatonin, and formulation no. 2 contains 12 mg vitamin B5 and 50 mg vitamin B6. Formulation nos. 3, 4, 5, and 6, imported from China, consist of snowdrop extract (Galanthus nivalis), with an excipient of magnesium stearate. Formulation no. 3 also contains 3 mg melatonin, no. 4 contains 200 mg Choline, no.5 contains 3 mg melatonin, 12 mg Vitamin B5, and 50 mg vitamin B6.

The applicable subheading for the herbal supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother...otherother. 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).

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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