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NY L81407




December 22, 2004

CLA-2-21:RR:NC:2:228 L81407

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 China.

Dear Mr. Strickland:

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

Four products are described in your letter. All are herbal supplements for human consumption, in capsule form, packed for retail sale, 60 capsules to a bottle. Each product contains 4 mg of red spider lily extract (Lycoris radiata) and an excipient of magnesium stearate. Formulation #1 also contains 3 mg melatonin, Formulation #2 contains 200 mg choline, and Formulation #3 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 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 telephone number (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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