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NY L81110




December 8, 2004

CLA-2-21:RR:NC:2:228 L81110

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park, Bldg. C-1D 145th Avenue & Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of a dietary supplement from Austria

Dear Ms. Kearney:

In your letter dated November 5, 2004, on behalf of MemoMind Pharma, Inc., you requested a tariff classification ruling.

Copies of the packaging were submitted with your letter. Additional information was submitted on November 29, 2004. MemoProve is a human dietary supplement in the form of enteric-coated tablets. The stated ingredients are lactose, cellulose, neuropeptides (described as a blend of peptones), magnesium stearate, and silicon dioxide. MemoProve is packed for retail sale, thirty tablets in a container.

The applicable subheading for the MemoProve dietary supplement 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.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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