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NY N006153





February 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Ryoichi Ojima
Kaneka Nutrients L.P.
6250 Underwood Rd.
Pasadena, TX 77507

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

Dear Mr. Ojima:

In your letter dated January 30, 2007, you requested a tariff classification ruling.

An ingredients breakdown and descriptive literature were submitted with your letter. Kaneka Glavonoid Rich Oil is described as a brown colored oily liquid composed of 70 percent medium-chain triglycerids (MCT), 30 percent licorice ethanolic extract, 24 percent polyphenols, and 3 percent glabridin. It will be used as a dietary supplement.

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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