The tariff classification of effervescent drink tablets from Switzerland. Correction to Ruling Number N003725

N004706 November 26, 2006 CLA-2-21:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9971 Ms. Sandra R. Callaway Herbalife International of America, Inc. 930 E. 233rd Street Carson, CA 90745 RE: The tariff classification of effervescent drink tablets from Switzerland. Correction to Ruling Number N003725 Dear Ms. Calloway: This replaces Ruling Number N003725, dated November 29, 2006, which contained a clerical error. The ruling omitted the product code number from the item description. A complete corrected ruling follows. In your letter dated October 17, 2006, you requested a tariff classification ruling. Samples and ingredients breakdowns were submitted with your request. The samples were examined and disposed of. The Herbalife brand LIFTOFF( is described as effervescent energy drink tablets available in two flavors, lemon-lime (#3152TW), and orange (#3151TW). The tablets measure 1 inch in diameter and contain anhydrous citric acid, sodium bicarbonate, L-Taurine, green tea extract, ginseng, ascorbic acid, acesulfame K, maltodextrin, d-calcium pantothenate, inositol, niacinamide, sucralose powder, sorbitol, pyridoxine hydrochloride USP, Riboflavin 5 Phosphate, thiamine mononitrate, biotin, cyanocobalamin, flavor, and color. Instructions suggest dissolving one tablet in 250 ml of water, once daily. The applicable subheading for the Herbalife brand LIFTOFF( effervescent energy drink tablets will be 2106.90.9971, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other… other…preparations for the manufacture of beverages…containing high-intensity sweeteners (e.g., aspartame and/or saccharin). 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, National Commodity Specialist Division