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The tariff classification of fish oil products
Issued November 8, 2012 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN2 N227722 (November 8, 2012)
Tariff classification
HTS codes: 2106.90.9998
Headings: 2106
Product description
Your letter included a copy of the formula, manufacturing process, and samples of the product. The samples were sent to our laboratory for analysis and consumed in testing. “Herbalifeline” Omega - 3 Fish Oil, sku number 0065PE, 0065SC and 0065MY, based on Formula F0386 is a soft gelatin capsule filled with fish oil (18/12) TG, fish oil (33/22) EE, vitamin E (from d-alpha Tocopherol), soybean oil, clove oil, thyme oil and peppermint oil, packed in a plastic bottle containing 60 capsules. The product is used as a human dietary supplement. Laboratory analysis found the product is a mixture of fatty acid ethyl esters and triglycerides containing trace amounts of free fatty acid and other compounds.
CBP rationale
The applicable subheading for the 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…other…other…other.
Full text
N227722 November 8, 2012 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Karine Gagiryan Herbalife International of America, Inc. 950 E. 190th Street Torrance, CA 90502 RE: The tariff classification of fish oil products Dear Ms. Gagiryan: In your letter dated July 23, 2012 you requested a tariff classification ruling. Your letter included a copy of the formula, manufacturing process, and samples of the product. The samples were sent to our laboratory for analysis and consumed in testing. “Herbalifeline” Omega - 3 Fish Oil, sku number 0065PE, 0065SC and 0065MY, based on Formula F0386 is a soft gelatin capsule filled with fish oil (18/12) TG, fish oil (33/22) EE, vitamin E (from d-alpha Tocopherol), soybean oil, clove oil, thyme oil and peppermint oil, packed in a plastic bottle containing 60 capsules. The product is used as a human dietary supplement. Laboratory analysis found the product is a mixture of fatty acid ethyl esters and triglycerides containing trace amounts of free fatty acid and other compounds. The applicable subheading for the 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…other…other…other. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). If you have any questions regarding the ruling, contact National Import Specialist Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division
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