The tariff classification of a dietary supplement from Japan

N250248 March 6, 2014 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Mr. Larry Pederson RenewAlliance Inc. 10900 NE 8th street - Suite 1000 Bellevue, WA 98004 RE: The tariff classification of a dietary supplement from Japan Dear Mr. Pederson: In your letter dated February 6, 2014, you requested a tariff classification. An ingredients breakdown accompanied your inquiry. Berry Clear is a liquid dietary supplement put up for retail sale in a glass or ceramic vial containing 30 milliliter, 12 vials per box (according to your website). The product contains mostly of water and isomalto-oligosaccharide syrup, with the balance of xylitol, red sour cherry concentrated juice, cranberry concentrated juice, blueberry concentrated juice, red raspberry concentrated juice, strawberry concentrated juice, acerola concentrated juice, vitamin C, goji berry liquid extract, bilberry extract, marigold extract, haematococcus extract, eyebright extract, zinc gluconate, enzymatically modified hesperidin, sodium benzoate, vitamin B3, rutin, vitamin B1, vitamin B2, and vitamin B6. On your website the product is advertised as a health supplement for tired eyes, generally suitable for persons aged 12 and above. Taking one bottle at least three times per week is suggested. The applicable subheading for the Berry Clear 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 general 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division