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NY N021473




January 16, 2008

CLA-2-30:OT:RR:E:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Mr. Richard D. English
Yusen Global Logistics
19001 Harborgate Way
Torrance, CA 90501

RE: The tariff classification of Lactobacillus Gasseri LAC-343 in bulk form, from Japan

Dear Mr. English:

In your letter dated January 4, 2008, on behalf of your client, Mitsubishi International Corporation, you requested a tariff classification ruling.

The subject product, Lactobacillus Gasseri LAC-343 consists of lyophilized Lactobacillus Gasseri powder with cornstarch as the excipient. Lactobacillus Gasseri is one kind of lactic acid bacteria found in human intestines and will be imported in bulk powder form.

The applicable subheading for the Lactobacillus Gasseri LAC-343 in bulk form, will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The rate of duty will be free.

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 may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski
Director,

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