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NY N025087




April 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9998

Ms. Louise Rontree
Healthcare Brands International
2nd Floor, The Clock Tower
Talbot Street, Nottingham
NG1 5GG, United Kingdom

RE: The tariff classification of Sambucol dietary supplement from the United Kingdom

Dear Ms. Rontree:

In your letter dated March 7, 2008, on behalf of Healthcare Brands International, London, UK, you requested a tariff classification ruling.

A sample, submitted on March 21, 2008, was examined and exposed of. Sambucol is a human dietary supplement, in chewable tablet form, packed for retail sale in plastic jars containing 30 tablets in a box. The product is described on the label and box as containing a proprietary blend of elderberry extract and Echinacea purpurea, zinc citrate, ascorbic acid, sorbitol, xylitol, natural flavors, silica, and magnesium stearate. Recommended dosage for adults is from one tablet, twice daily, to two tablets, three times daily. For children the recommendation dose is from one to four tablets daily.

The applicable subheading for this dietary supplement 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 telephone number (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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