CLA-2-21:OT:RR:NC:2:228
Ms. Jennifer Ho
AJH Elite Customs Brokerage
24328 S. Vermont Ave.
Harbor City, CA 90710
RE: The tariff classification of a dietary supplement from Brazil
Dear Ms. Ho:
In your letter dated April 21, 2010, on behalf of Billion Venture International, El Monte, CA, you requested a tariff classification ruling.
The product is a human dietary supplement in the form of a gelatin capsule filled with 500 milligrams of Pfaffia paniculata radix (suma, Brazilian ginseng) powder. The product will be packaged in a bottle containing 60 capsules.
The applicable subheading for this product 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 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Articles classifiable under subheading 2106.90.9998, HTSUS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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.
The importation of this product may be subject to additional restrictions and/or requirements imposed by the United States Food and Drug Administration. It is suggested you contact that agency directly for further information.
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 (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division