The tariff classification of Chondroitin and Glucosamine Nutritional Supplements from China

N323731 February 17, 2022 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Ms. Greta Lichtenbaum O’Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 RE: The tariff classification of Chondroitin and Glucosamine Nutritional Supplements from China Dear Ms. Lichtenbaum: In your letter dated January 5, 2022, you requested a tariff classification ruling on behalf of your client, International Vitamin Corporation (IVC). Ingredient breakdowns, certificates of composition, medical studies, labeling samples, product pictures, and samples were submitted with your letter. The samples were examined and discarded. Each of the four products is comprised of primary active components, secondary active components, excipients for ease of swallowing, preservatives for product stability and freshness, coloring and flavors, and carriers for processing efficiency in production equipment. The products are designed to support joint health by reducing inflammation. You state that manufacturing operations will occur in China, and that the products will be imported as bulk tablets, and then repackaged and relabeled for sale by IVC, a manufacturer of store brand vitamin and nutritional supplements, to big box retailers, grocery stores, drug stores, club stores, and private brands outlets. The products’ composition will not change between import and end use by consumers. The products are not sold over the counter and can be purchased directly by the retailers’ customers. Labeling information provided by IVC states the products promote healthy joint structure and function, and supports joint flexibility and mobility. The suggested use is for adults to take two to three tablets daily with food as a dietary supplement, dependent on the variety. The first item, Chondroitin Glucosamine & MSM Tablet, is described as containing methylsulfonylmethane, chondroitin sulfate sodium, collagen, boswellia serrata extract, sodium hyaluronate, glucosamine hydrochloride, ascorbic acid, sodium tetraborate decahydrate, manganese sulfate monohydrate, microcrystalline cellulose, croscarmellose sodium, crospovidone, silicone dioxide, manganese stearate, carboxymethylcellulose sodium, hypromellose-6cp, titanium dioxide, polyvinyl alcohol, polyethylene glycol 4000, polydextrose, talc, and caramel color. The second item, Chondroitin Glucosamine W/MSM plus Vitamin D Tablets, is described as containing glucosamine hydrochloride, chondroitin sulfate sodium, microcrystalline cellulose, methylsulfonylmethane, boswellia serrata extract, croscarmellose sodium, titanium dioxide, cholecalciferol, hypromellose, polyvinyl alcohol, silicon dioxide, polyethylene glycol 4000, magnesium stearate, polydextrose, crospovidone, talc, and carboxymethylcellulose sodium. The third item, Chondroitin Glucosamine with MSM TB, is described as containing D-glucosamine hydrochloride, chondroitin sulfate sodium, methylsulfonylmethane, collagen, microcrystalline cellulose, boswellia serrata extract, sodium tetraborate decahydrate, ascorbic acid, silicon dioxide, calcium carbonate, hypromellose, croscarmellose sodium, titanium dioxide, polyvinyl alcohol, crospovidone, magnesium stearate, polyethylene glycol 4000, polydextrose, manganese sulfate monohydrate, talc, hypromellose, carboxymethylcellulose sodium, sodium hyaluronate, and DL-tartaric acid. The fourth item, Glucosamine 750 mg/MSM 750 mg/HA 1.65 mg Tablet, is described as containing glucosamine hydrochloride, methylsulfonylmethane, microcrystalline cellulose, titanium dioxide, silicon dioxide, hypromellose, polyvinyl alcohol, magnesium stearate, polyethylene glycol 4000, polydextrose, talc, and sodium hyaluronate. In your letter, you suggest subheading 3004.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Medicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses … or in forms or packings for retail sale:  Other: Other: Other: Other.”  In our opinion the subject products are not considered to be medicaments for therapeutic or prophylactic uses and will be classified elsewhere. The applicable subheading for the Chondroitin Glucosamine & MSM Tablet, Chondroitin Glucosamine W/MSM plus Vitamin D, Chondroitin Glucosamine with MSM TB, and Glucosamine 750 mg/MSM 750 mg/HA 1.65 mg will be subheading 2106.90.9898, 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 Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division