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NY N010122





May 10, 2007

CLA-2-22:RR:E:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 2201.10.0000

Marton Jojarth
Alps20 USA LLC
325 Sharon Park Drive
Menlo Park, CA 94025

RE: The tariff classification of “Alps20” from Switzerland

Dear Mr. Jojarth:

In your letter dated April 22, 2007 you requested a tariff classification ruling.

The subject merchandise is described as a dietary supplement product from Switzerland branded “Alps20.” The product is intended to supplement the dietary calcium intake of consumers. The product is prepared as 500-520 milligrams of calcium dissolved in one liter of water. It is packaged in 1 liter sized bottles which is also the unit sold at retail. The water, which is used to dissolve the calcium, is of natural origin and contains a series of other minerals including magnesium, sodium, silica, etc.

The applicable subheading for the “Alps20” will be 2201.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored; ice and snow: Mineral waters and aerated waters. The rate of duty will be 0.26 cents per liter.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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