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NY N003725




November 29, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9971

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

RE: The tariff classification of effervescent drink tablets from Switzerland. Correction to Ruling Number M87503

Dear Ms. Callaway:

This replaces Ruling Number M87503, dated November 16, 2006, which contained a clerical error. The ruling did not identify the country of origin and omitted the statistical suffix from the tariff classification subheading. A complete corrected ruling follows.

In your letter dated October 17, 2006, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your request. The samples were examined and disposed of. The Herbalife brand LIFTOFF is described as effervescent energy drink tablets available in two flavors, lemon-lime and orange. The tablets measure 1 inch in diameter and contain anhydrous citric acid, sodium bicarbonate, L-Taurine, green tea extract, ginseng, ascorbic acid, acesulfame K, maltodextrin, d-calcium pantothenate, inositol, niacinamide, sucralose powder, sorbitol, pyridoxine hydrochloride USP, Riboflavin 5 Phosphate, thiamine mononitrate, biotin, cyanocobalamin, flavor, and color. Instructions suggest dissolving one tablet in 250 ml of water, once daily.

The applicable subheading for the Herbalife brand LIFTOFF effervescent energy drink tablets will be 2106.90.9971, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother otherpreparations for the manufacture of beveragescontaining high-intensity sweeteners (e.g., aspartame and/or saccharin). 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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