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NY N012951




June 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. Terence Francis
Healthcare Brands International
15 Wheeler Gate
Nottingham, Nottinghamshire NG1 2NA
United Kingdom

RE: The tariff classification of a dietary supplement from France

Dear Mr. Francis:

In your letters dated June 4, 2007 and June 18, 2007 you requested a tariff classification ruling.

Illustrative literature was provided with both letters. An ingredients breakdown and description of the manufacturing operations were provided with your second letter. Sambucol® Black Elderberry Immune System Booster is a human dietary supplement in liquid form, packaged for retail sale in bottles holding 4 fluid ounces. The product is composed of approximately 70 percent glucose syrup, 29 percent elderberry juice, and less than one percent, each, of citric acid, purified water, raspberry flavor, and sodium benzoate. Information on the outer carton and product label suggest a daily dosage of two teaspoons for adults and one teaspoon for children.

The applicable subheading for the Sambucol® Black Elderberry Immune System Booster 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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