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NY N008751




April 23, 2007

CLA-2-18:RR:NC:SP:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 1806.90.9090

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

RE: The tariff classification of protein drink mix.

Dear Ms. Calloway:

In your letter dated March 19, 2007, you requested a tariff classification ruling.

The subject merchandise is described as Protein Drink Mix Cookies ‘n Cream, sku # 0146MX which is based on Herbalife Master Formula N562-02. The main ingredients in this product are soy protein isolate, fructose powder, cookie crumbs (wheat flour, sugar, oil, cocoa, salt, and baking soda), oat fiber, oliggofiber, polydextrose powder, guar gum, potassium chloride, flavor, calcium caseinate, whey protein concentrate, and less than one percent each of other ingredients. This item will be packaged for retail sale in plastic jars containing 522 and 750 grams, net weight. The merchandise is mixed with soy milk or skim milk to make a meal replacement drink.

The applicable subheading for the Protein Drink Mix Cookies ‘n Cream, sku # 0146MX will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa: other: other: otherother.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

If you have any questions regarding the ruling, contact National Import Specialist Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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