The tariff classification of a dietary supplement from Hungary

N243248 July 5, 2013 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. James Ferry Gallagher Transport International, Inc. P.O. Box 39005 Denver, CO 80239 RE: The tariff classification of a dietary supplement from Hungary Dear Mr. Ferry: In your letter dated June 18, 2013 you requested a tariff classification ruling on behalf of Apax OTC Business Development LLC, Centennial, CO. Descriptive literature including a list of ingredients accompanied your letter. Lineatabs® is an effervescent beverage tablet, said to offer a patented solution which may help reduce the amount of dietary fat that is absorbed by the body. The stated ingredients are citric acid, sodium hydrogen carbonate, Solusitan® poly-D-glucosamine complex, sorbitol, polyethylene glycol, natural lemon and lime flavors, stevia extract (97% RebA), inulin, and riboflavin-5-phosphate. Instructions suggest dropping a Lineatab in a glass of cold water and drinking it with every fatty meal. The applicable subheading for the Lineatabs® 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 the 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 ww.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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Thomas J. Russo Director National Commodity Specialist Division