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NY R03419





March 20, 2006

CLA-2-13:RR:NC:2:238 R03419

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

Mr. Michael R. Shoule
J.W. Hampton, Jr. & Co., Inc.
161-15 Rockaway Blvd., Room 304
Jamaica, NY 11434

RE: The tariff classification of “JamboLean,” a powdered extract produced from the seeds of the Jambolan tree, imported in bulk form, from India

Dear Mr. Shoule:

In your letter dated March 9, 2006, on behalf of your client, Roxlor International LLC, you requested a tariff classification ruling.

The subject product, “JamboLean,” consists of a brown powder obtained from the ground-up seeds of the Jambolan tree (Syzygium cumini Skeels) by extraction with an alcohol/water solvent. The liquid extract obtained from solvent extraction is then filtered, distilled, and concentrated, followed by spray-drying, grinding and sieving, to produce the powdered extract (the finished product). The powdered extract is stated to be “[C]arrier and Excipient Free,” and intended for use as a dietary supplement, either by itself or by formulating it with other ingredients subsequent to importation.

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be free.

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 may be 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 the 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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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