The tariff classification of a dietary supplement from The Netherlands

N033655 July 25, 2008 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Andrew Newson Vitablend Frisaxtraat 1 Wolvega 8471 ZW Netherlands RE: The tariff classification of a dietary supplement from The Netherlands Dear Mr. Newson: In your letter dated July 18, 2008 you requested a tariff classification ruling. Product literature accompanied your letter. Article no. 80810, Cytosport Premix Vitamin Core #1 is a powder consisting of a blend of vitamins, minerals, and maltodextrin, used as an ingredient in the production of a human foods. It will be imported in foil-lined cardboard boxes containing 20 kilograms. In your letter you suggested the product may be classified in either subheading 2936.90, or 3004.50, Harmonized Tariff Schedule of the United States (HTSUS), the provisions for other vitamins and provitamins and other medicaments containing vitamins, respectively. However, based on the product’s ingredient composition and use, neither provision will apply. The applicable subheading for article no. 80810, Cytosport Premix Vitamin Core #1 will be 2106.90.9998, 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 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