The tariff classification of F.E. Spirulina Capsules from New Zealand

N110542 July 1, 2010 CLA-2-21:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2102.20.6000 Ms. Jennifer Ho AJH Elite Customs Brokerage 24328 S. Vermont Avenue, STE # 230 Harbor City, CA 90710 RE: The tariff classification of F.E. Spirulina Capsules from New Zealand Dear Ms. Ho: In your letter dated April 21, 2010 you requested a tariff classification ruling. Additional information was requested by this office and was received in a follow up letter on June 16, 2010. The subject product consists of Spirulina, a microscopic blue green algae which is a single celled organism commonly known as cyanobacteria. It will be imported in a plastic bottle containing 60 capsules. Each capsule contains 470 mg of pure Spirulina. You indicate that the Spirulina is traditionally used as a dietary supplement. The applicable subheading for the F.E. Spirulina capsules will be 2102.20.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Inactive yeasts; other single-cell microorganisms, dead: Other:” The rate of duty will be 3.2 percent ad valorem. 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.Additionally, this merchandise may be subject to additional restrictions or conditions imposed by the United States Department of Agriculture and/or Food and Drug Administration. It is suggested that you contact your local USDA and FDA field offices for more information. 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division