CLA-2-21:OT:RR:NC:N2:228
Mr. Dean Sweat
Young Living Essential Oils
3125 Executive Parkway
Lehi, UT 84043
RE: The tariff classification of a dietary supplement from Canada
Dear Mr. Sweat:
In your letter dated May 3, 2019, you requested a tariff classification ruling.
Samples, a product specification sheet, an ingredients breakdown, a narrative description of the manufacturing process, and a manufacturing flowchart accompanied your inquiry. The samples were examined and discarded. Ningxia Nitro is said to contain d-ribose, green tea extract, mulberry leaf extract, Korean ginseng extract, choline, vanilla planifolia oil, chocolate oil, yerbamate oil, mentha spicata (spearmint) oil, mentha piperita (peppermint) oil, myristica fragrans (nutmeg) oil, piper nigrum (black pepper) oil, wolfberry seed oil, purified water, cherry kiwi, blueberry, acerola, bilberry, black currant, raspberry, strawberry, cranberry, coconut nectar, natural flavors, pectin, and xanthan gum. The product remains highly concentrated, which can be consumed directly from the tube, diluted with four ounces of water, or diluted with one ounce of NingXia Red®. The product is packed into retail boxes containing fourteen .68 ounce tubes, 9.52 ounces total, net packed.
The applicable subheading for the product will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . 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 Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division