The tariff classification of a dietary supplement from Malaysia

N110400 June 18, 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. Suite 230 Harbor City, CA 90710 RE: The tariff classification of a dietary supplement from Malaysia Dear Ms. Ho: In your letter dated April 21, 2010, on behalf of Billion Venture International, you requested a tariff classification ruling. A sample, ingredient information, and a description of the manufacturing process were received by this office on June 15, 2010. The sample was examined and disposed of. F.E. Chlorophyll is a green, aqueous solution said to contain 1.15 grams chlorophyll extract, 0.035 grams potassium sorbate, 0.011 grams sucralose, and 0.01 grams mint flavor. The label instructs the user to take two tablespoons of the solution twice daily with water or as directed by a health professional. The product is intended for use as a dietary supplement and is packaged for retail sale in 500 milliliter bottles. The applicable subheading for the F.E. Chlorophyll 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 telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. 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