The tariff classification of herbal aloe dietary supplements from Mexico

N082676 November 19, 2009 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Sandra R. Calloway Herbalife International of America, Inc. 990 W. 190th Street Suite 650 Torrance, CA 90502 RE: The tariff classification of herbal aloe dietary supplements from Mexico Dear Ms. Calloway: In your letter dated October 28, 2009, you requested a tariff classification ruling. Samples and copies of product labels were forwarded with your request. The samples were examined and disposed of. Herbalife® brand Herbal Aloe products are dietary supplements in liquid form, put up in plastic containers. All of the products contain aloe vera concentrate gel, citric acid, chamomile extract, potassium sorbate, sodium benzoate, sodium citrate, and lemon juice concentrate. The Herbal Aloe Quart, no. 1013MX, and the Herbal Aloe Gallon, no. 1016MX, also contain water and are ready to drink. The Herbal Aloe Concentrate, no. 1019MX, contains 16 fluid ounces and is mixed with water prior to drinking. The suggested serving size for each product is 4 ounces. The applicable subheading for the Herbalife® brand Herbal Aloe Quart, no. 1013MX, the Herbal Aloe Gallon, no. 1016MX, and Herbal Aloe Concentrate, no. 1019MX, 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. 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