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NY N004277




December 26, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Brian Kavanaugh
One Lincoln Blvd.
Rouses Point, NY 12979

RE: The tariff classification of a dietary supplement from Canada

Dear Mr. Kavanaugh:

In your letter dated November 30, 2006, on behalf of Gamma Force Enterprises, Granby, PQ, Canada, you requested a tariff classification ruling.

A sample and technical literature accompanied your letter. The sample was opened, examined, and disposed of. Gamma Force Rice Bran Oil is a cloudy, pale yellow-colored fluid said be a suspension of gamma oryzanol (a natural mixture extracted from rice bran oil) in rice bran oil. The sample is packed for retail sale in a 500-milliliter bottle, with a suggested dosage of one tablespoon (15 milliliters), once a day.

The applicable subheading for this product 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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