The tariff classification of a dietary supplement mix from China

N278979 December 2, 2016 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Karine Gagiryan Herbalife Int. of America Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of a dietary supplement mix from China Dear Ms. Gagiryan: In your letter dated August 29, 2016, you requested a tariff classification ruling. An ingredients list, manufacturing process flowchart, and sample accompanied your letter. The sample was examined and discarded. Herbalife Pomegranate Powder R10810 is said to contain concentrated pomegranate juice, and maltodextrin. The mixture is then spray dried, and packed in fiber drums each with two lined plastic bags. It will be used in the manufacture of dietary supplements. In your letter, you suggested the product may fall in heading 1211 covering plants and parts of plants (including seeds and fruit) . . . crushed or powdered. Alternatively, you suggested the product may fall in heading 1302 covering vegetable saps and extracts . . . derived from vegetable products. Based on the product’s ingredient composition, it will be classified elsewhere. The applicable subheading for the dietary supplement mix 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 https://hts.usitc.gov/current. 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 www.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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division