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NY M86761




October 13, 2006

CLA-2-21:RR:NC:2:228 M86761

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Susan Rowan
Yusen Air & Sea Services
145 Hook Creek Blvd. (Bldg. C3)
Valley Stream, NY 11580

RE: The tariff classification of a dietary supplement from China.

Dear Ms. Rowan:

In your letters dated January 26, 2006, and September 6, 2006, on behalf of Ajinomoto U.S.A., Inc., Fort Lee, NJ, 07024, you requested a tariff classification ruling.

A description of the manufacturing operations, a production flowchart, and a sample accompanied your request. The sample was examined and disposed of. The product is a nutritional supplement in the form of a fluid-filled gelatin capsule containing 93 percent edible oil and 7 percent chili pepper extract. The supplements will be distributed to weight loss clinics and/or sports gyms.

The applicable subheading for the dietary supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included...other...other...other. 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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