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NY M81534




April 21, 2006

CLA-2-18:RR:NC:SP:232 M81534

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.90

Ms. Sandra R. Calloway
Herbalife International of America, Inc.
930 E. 233rd Street
Carson, CA 90745

RE: The tariff classification of a Protein Drink Mix

Dear Ms. Calloway:

In your letter dated March 21, 2006 you requested a tariff classification ruling.

The subject merchandise is described as Protein Drink Mix Chocolate, sku# 1121TW, which is based on Herbalife Master Formula N-189-05. The main ingredients in this product are fructose powder, soy protein isolate (Supro 670), maltodextrin M100, lecithin powder, calcium caseinate, cocoa powder D-11-A (5%), guar gum powder, flavors, etc. The item also contains various vitamins and minerals. It will be packaged for retail sale in plastic jars with a net weight of 560 grams. The product is mixed with water, soy milk, or skim milk to make a meal replacement drink.

The applicable subheading for the Protein Drink Mix Chocolate, sku#1121TW will be 1806.90.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: other: other: other. The rate of duty will be 6 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/.

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

If you have any questions regarding the ruling, contact National Import Specialist John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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