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

Mr. Vladimir Hartinger
VULM
6933 Cog Hill Lane
Rapid City, SD 57702

RE: The tariff classification of nutritional supplements from the Czech Republic

Dear Mr. Hartinger:

In your letter dated January 24, 2011, you requested a tariff classification ruling.

Product literature and ingredients statements for two dietary supplements accompanied your letter. Avilut® 3-forte is composed of lutein, zeaxanthin, omega 3, alpha aescin, vitamin E, lecithin, gelatin, glycerin and water. Avilut® Ginkgo Extra consists of lutein, zeaxanthin, ginkgo biloba, vitamin E, alpha aescin, rutin, lecithin, soya oil, gelatin, glycerin and water .The products are in soft gel form, 30 gels per box. The applicable subheading for the Avilut® 3-forte and Avilut® Ginkgo Extra 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 duty rate 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/.

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 Stanley Hopard at (646) 733-3029.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division