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NY M84904




July 18, 2006

CLA-2-21:RR:NC:N2:228 M84904

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Takeo Tanikawa
Minami Nutrition, Inc.
303 Fifth Avenue
New York, NY 10016

RE: The tariff classification of dietary supplements from Belgium

Dear Mr. Tanikawa:

In your letter dated June 9, 2006 you requested a tariff classification ruling. Your letter was received by this office on July 7, 2006.

Illustrative and technical literature accompanied your letter. PlusKenkO and PluShinz0-3 Cardio are human dietary supplements in the form of fluid-filled gelatin capsules, packed for retail sale in bottles containing 30 capsules. Both are prepared from fish oils that have been esterified, saturated fat removed, polyunsaturated and monounsaturated fats separated, and the omega-3 fatty acids extracted using carbon dioxide as a solvent. The finished products are omega-3 fatty acids in an ethyl ester form, containing no mono-, di-, or tri-glycerides, in a gelatin capsule. PlusKenkO contains zinc and vitamin E, and PluShinzO-3 contains vitamin and orange flavor.

The applicable subheading for these products will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherotherother. The rate of duty 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/.

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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