CLA-2-21:RR:NC:2:228 D82397

Mr. Patrick D. Gill
Rode and Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of a food supplement from Germany.

Dear Mr. Gill:

In your letter dated September 21, 1998, on behalf of Warner-Lambert Company, Morris Plains, New Jersey, you requested a tariff classification ruling.

The sample submitted with your letter was examined and disposed of. The product is an herbal food supplement in tablet form, said to contain Ginkgo biloba (leaves) extract, lactose, microcrystalline cellulose, maize starch, silicon diafide, croscarmellose, and magnesium stearate. The sample package also notes the presence of hydroxypropyl methylcellulose, polyethylene glycol, silicon dioxide, artificial color, talc, ferric oxide, and dimethicone. The product is put up in blister packs, 28 tablets to a box.

The applicable subheading for the food supplement will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...other. The rate of duty will be 7.6 percent ad valorem.

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 Stanley Hopard at 212-466-5760.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division