CLA-2-14:S:N:N7:228
Ms. Margaret S. Alford
Thompson & Knight
3300 First City Center
1700 Pacific Avenue
Dallas, TX 75201
RE: The tariff classification of food supplements from South
Africa
Dear Ms. Alford:
In your letter dated April 5, 1993, on behalf of Ms. Annique
Theron,
you requested a tariff classification ruling.
Technical information for three products, and several samples of one
of these items, accompanied your letter. Red Bush Tea ("rooibos tea") is
described as the dry leaves from the rooibos tea plant, a plant indigenous
to the northwest region of South Africa. The dry leaves are steeped in
water to make a hot beverage. Wonder Slim is a pale white powder used as a
diet supplement. The ingredients of Wonder Slim are said to be a protein
mixture, milled wheat, a "non-dairy blend," maize starch hydrolyzate, soya
isolate, a non-dairy creamer, methyl cellulose, color, potassium chloride,
flavor, sodium chloride, corn starch, calcium cyclamate, aspartame, and
less than one percent each of a vitamin premix, magnesium hydroxide
carbonate, sodium saccharin, iron sulfate hydroxide, and potassium iodade.
Wonder Slim will be prepared in six different flavors, and will be put up
for retail sale.
The applicable subheading for the Red Bush (rooibos) Tea will be
1404.90.0000, Harmonized Tariff Schedule of the United States (HTS), which
provides for vegetable products not elsewhere specified or included...
other. The rate of duty will be free.
The applicable subheading for Wonder Slim will be 2106.90.6599, HTS,
which provides for food preparations not elsewhere specified or
included...other...other...other. The rate of duty will be 10 percent ad
valorem.
The importation of this merchandise may be subject to restrictions
imposed by the United States Department of Agriculture and/or Food and Drug
Administration. It is suggested you contact these agencies directly for
further information.
Your inquiry does not provide enough information for us to give a
classification ruling on Bio Rhythmic Espelin. Your request for a
classification ruling should include a complete ingredients breakdown, by
weight, a sample, and information regarding how it is to be used.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport