The tariff classification of a dietary supplement from China

N007924 March 9, 2007 CLA-2-21:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9500; 2106.90.9700 Ms. Sara Krutak Kingchem LLC 5 Pearl Court Allendale Park Allendale, NJ 07401 RE: The tariff classification of a dietary supplement from China Dear Ms. Krutak: In your letter dated March 2, 2007 you requested a tariff classification ruling. A sample, ingredients breakdown, specification sheet, and description of the manufacturing process were submitted with your letter. The sample was examined and disposed of. Natural Lycopene Beadlet 10% TAB is a red/purple granular material prepared by spray drying lycopene molecules in a gelatin and sucrose matrix. The product is said to be composed of 37 percent sucrose, 27 percent gelatin, 18 percent corn starch, 10 percent lycopene, 4.5 percent ascorbyl palmitate, and 3.5 percent dl-alpha-tocopherol. It will be used as an ingredient in the production of human nutritional supplements. The applicable subheading for the Natural Lycopene Beadlet 10% TAB, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500 Harmonized Tariff Schedules of the United States (HTS), which provides for food preparations not elsewhere specified or included…other…other…articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17…described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS 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