The tariff classification of Duolac F4 Probiotics powder in bulk form, from Korea

N073137 October 15, 2009 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Mr. Mike Choi MKC Customs Brokers Int’l, Inc. P.O. Box 91042 Los Angeles, CA 90009-1042 RE: The tariff classification of Duolac F4 Probiotics powder in bulk form, from Korea Dear Mr. Choi: In your letter dated August 19, 2009, on behalf of your client, Natural Copack, you requested a tariff classification ruling. The subject merchandise, labeled as Cell Biotech Duolac F4, is described as a fourth generation probiotic. It consists of living lactic acid bacteria coated with trehalose and corn starch. The trehalose and corn starch function as cryo- and lyoprotectants, improving bacterial viability and shelf life, and providing stability against gastric juice and bile salts. Duolac F4 is intended as an additive promoting digestive health to be blended into frozen yogurt during the manufacturing process. The applicable subheading for the Duolac F4 Probiotics powder will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other; Other: Other.” The rate of duty will be free. 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 may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division