The tariff classification of homeopathic products from Switzerland

N038763 September 23, 2008 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Myron Barlow Barlow and Associates 312 Third Street Annapolis, MD 21403 RE: The tariff classification of homeopathic products from Switzerland Dear Mr. Barlow: In your letter dated July 22, 2008, on behalf of Terra Medica, Inc., Bellingham, WA, you requested a tariff classification ruling. Your letter was received by this office on September 18, 2008. Product literature for four products was submitted with your letter. Chavita 5, Emvita 21, Chavita 3, and Emvita 8 are liquids composed of “dilutions” of plant, animal, or mineral-derived substances in alcohol. The products are presented in 1.7 fluid ounce containers, with instructions on the package directing the user to consume the liquid in 12-drop doses, twice a day. . In your letter, you suggested these products should be classified in 3004.90.9190, Harmonized Tariff Schedule of the United States, HTSUS, the provision for other medicaments, put up in measured doses or in forms or packings for retail sale. We do not agree. Noting the products’ composition and use, it will be classified elsewhere. The applicable subheading for Chavita 5, Emvita 21, Chavita 3, and Emvita 8 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