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NY M81243




March 21, 2006

CLA-2-21:RR:NC:N2:228 M81243

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Lester Kelem
Bridges North America
55 Broadway
Denville, NJ 07834

RE: The tariff classification of dietary supplements from Peru

Dear Mr. Kelem:

In your letters dated January 3, 2006 and March 10, 2006 you requested a tariff classification ruling.

Four samples were submitted with your first letter, and a description of the manufacturing process accompanied your March letter. The products are described as human dietary supplements derived from the root of the “maca” plant, Lepidium meyenii walp. Makaton Powder (Powdered Maca) is described as maca extract in powder form, presented in a plastic jar. PWF Maca (Liquid Extract) is a dark brown liquid put up in a 6-milliliter glass bottle with a dropper cap. Bio Maca Blast and Bio Maca Blast Formula 5-1 are described as powdered maca root and powdered maca extract, respectively, put up in 500-milligram gelatin capsules, 60 or 90 capsules in a glass bottle.

The applicable subheading for the Bio Maca Blast and Bio Maca Blast 5-1 capsules will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherotherother. The duty rate will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 2106.90.9998, HTSUS, which are products of Peru are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) and the Andean Trade Preference Act (APTA) upon compliance with all applicable regulations. The GSP, however, 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.

Your inquiry does not provide enough information for us to give a classification ruling on the Makaton Powder (Powdered Maca) and the PWF Maca (Liquid Extract). Your request for a classification should include additional information concerning how the products were made. For the Makaton Powder clarify whether the powder is the dried and ground plant or plant part or, as stated on the sample label, a powdered extract? If, in fact, Makaton Powder is a powdered extract submit a flow chart from the manufacturer listing each operation/process performed in order to obtain the finished product. For the Liquid Extract provide a flow chart from the manufacturer listing each operation/process. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

The samples of Bio Maca Blast and Bio Maca Blast Formula 5-1 were examined and disposed of. The samples of Makaton Powder and Liquid Extract will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information. 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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