The tariff classification of Sambucol dietary supplements from France

N029798 June 12, 2008 CLA-2-21:OT:RR:E: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 supplements from France Dear Ms. Rontree: In your letters dated May 12, 2008, and June 2, 2008, you requested a tariff classification ruling. Ingredients breakdowns for two types of dietary supplements accompanied your second letter. Sambucol Kids Syrup consists of approximately 67 percent glucose syrup, 16 percent purified water, 15 percent elderberry extract, and less than one percent each of raspberry flavor, citric acid, grape, orange, grapefruit, and strawberry flavor, propolis extract, Echinacea extract, and potassium sorbate. The Sambucol Sugar Free consists of approximately 42 percent purified water, 34 percent elderberry extract, 23 percent sorbitol liquid, and less than one percent each of raspberry flavor, citric acid, and potassium sorbate. The Sambucol Sugar Free comes in a 4-oz and a 7.8-oz size and the Sambucol Kids Syrup is available in a 4-oz size. The applicable subheading for the Sambucol Kids Syrup and Sambucol Sugar Free dietary supplements will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. 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, National Commodity Specialist Division