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NY N023206




March 12, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Mr. John Claessens
Nestle HealthCare Nutrition, Inc.
12500 Whitewater Drive
Minnetonka, MN 55343

RE: The tariff classification of a probiotic drinking straw from Sweden

Dear Mr. Claessens:

In your letter dated February 7, 2008 you requested a tariff classification ruling.

An ingredients breakdown, product specification sheet, and sample accompanied your letter. The sample was examined and disposed of. The product consists of a plastic, telescoping drinking straw, approximately 3-1/2 inches in length when collapsed, packaged in a sealed, foil laminate sleeve. Adhering to the interior of the straw is a drop of freeze-dried Lactobacillus reuteri (L. reuteri) suspended in rapeseed oil. After importation the straw will be packaged with individually boxed beverages. When the beverage is consumed using the straw, the user will ingest the L. reuteri, which is intended to provide a probiotic effect, contributing to the person’s digestive health.

The applicable subheading for the probiotic drinking straw will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedother otherother. 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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