The tariff classification of a dietary supplement from New Zealand

N102535 April 26, 2010 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Jennifer Ho AJH Elite Customs Brokerage 24328 S. Vermont Ave. Harbor City, CA 90710 RE: The tariff classification of a dietary supplement from New Zealand Dear Ms. Ho: In your letter dated April 21, 2010, on behalf of Billion Venture International, El Monte, CA, you requested a tariff classification ruling. The product is a human dietary supplement in the form of a gelatin capsule filled with 460 milligrams of hawthorn berries (Crataegus oxyacantha fructus), in powder form. The product will be packaged in a bottle containing 60 capsules. The applicable subheading for this product 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. The importation of this product may be subject to additional restrictions and/or requirements imposed by the United States Food and Drug Administration. It is suggested you contact that agency directly for further information. 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