The tariff classification of dietary supplements from Canada

N314583 October 13, 2020 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9897 Ms. Andrea Abraham Meeks, Sheppard, Leo & Pillsbury 4 Corporate Drive, Suite 292 Shelton, CT 06484 RE: The tariff classification of dietary supplements from Canada Dear Ms. Abraham: In your letter dated September 15, 2020, you requested a tariff classification ruling on behalf of your client, I-Health Inc., CT. Ingredients breakdowns, a description of the manufacturing process, and a manufacturing flowchart accompanied your inquiry. The first product, “Culturelle Probiotic Gummies (adults + kids) (PS)”, is said to contain inulin, water, organic cane sugar and trace amounts of bacillus subtilis, pectin, natural flavors, citric acid, sodium citrate, cornstarch, naturally-sourced colors (black carrot, genipap juice concentrate, watermelon juice concentrate), fractionated coconut oil, and carnauba wax. The second product, “Culturelle Probiotic + Multivitamin Gummies (PU)”, is said to contain glucose syrup, water, organic cane sugar and trace amounts of bacillus subtilis, bacillus coagulans, vitamin C, pectin, natural flavors, citric acid, sodium citrate, cornstarch, naturally-sourced colors (black carrot, genipap juice concentrate, watermelon juice concentrate), fractionated coconut oil, carnauba wax and a vitamin pre-blend composed of vitamins A, D, E, B6 and B12, biotin, pantothenic acid, iodine and zinc. The third, fourth, and fifth products are described as “Culturelle Probiotic Gummies with Prebiotics (PV)”, “Culturelle Probiotic with Prebiotics & Vitamin C Gummies (PV)”, and “Culturelle Probiotic + Vitamin C (PV)”. They are said to contain inulin, water, organic cane sugar and trace amounts of bacillus subtilis, bacillus coagulans, vitamin C, pectin, natural flavors, citric acid, sodium citrate, cornstarch, naturally-sourced colors (black carrot, genipap juice concentrate, watermelon juice concentrate), fractionated coconut oil, and carnauba wax. These three gummy products share the same base with tweaks to the base formula. The five products are said to be used as nutritional supplements that provide digestive health. The applicable subheading for the five products will be 2106.90.9897, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . containing sugar derived from sugar cane and/or sugar beets. 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