The tariff classification of a dietary supplement from Canada

N042937 November 12, 2008 CLA-2-21:OT:RR:E:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Derick Reid Mid-America Overseas, Inc. 610 Airport South Parkway Atlanta, GA 30349 RE: The tariff classification of a dietary supplement from Canada Dear Mr. Reid: In your letter dated October 28, 2008 on behalf of Sciele Pharma, Inc., Atlanta, GA, you requested a tariff classification ruling. Descriptive literature and images of the labels and packaging were submitted with your letter. Prenate Elite is described as a prescription-dispensed prenatal multivitamin/multimineral nutritional supplement in tablet form. The product will be supplied in bottles containing 90 tablets and in physician-sample bottles containing 5 tablets. The applicable subheading for the Prenate Elite dietary supplement 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: 1-888-463-6332 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