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NY R01341




February 2, 2005

CLA-2-21:RR:NC:2:228 R01341

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Bobby Wightman-Cervantes
24 W. Lovell Ct.
Brownsville, TX 78521

RE: The tariff classification of a nutritional supplement from Peru

Dear Mr. Wightman-Cervantes:

In your letter dated January 21, 2005 you requested a tariff classification ruling.

The product is a nutritional supplement consisting of gelatin capsules filled with a powder made by drying and grinding the root of a plant known as “maca” (Lepidium meyenii Walp, Lepidium peruvianum Chacon). The product will be imported packaged for retail sale in a bottle containing six hundred 500-mg capsules. The applicable subheading for the maca root nutritional supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherother otherother. The duty rate will be 6.4 percent ad valorem.

Articles classifiable under subheading 2106.90.9998, HTS, which are products of Peru may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) or the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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