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

Ms. Karla Acevedo
Sirio Nutrition
18300 Von Karman Avenue, Suite 750
Irvine, CA 92612

RE: The tariff classification of dietary supplements from China

Dear Ms. Acevedo:

In your letter dated August 9, 2019, you requested a tariff classification ruling.

Samples, ingredients breakdowns, manufacturing narrative descriptions and flowcharts accompanied your inquiry. The samples were examined and discarded.

Glucosamine & Chondroitin Softgel is said to contain glucosamine sulfate potassium chloride, chondroitin sulfate, manganese sulfate, vitamin C, methyl sulfonyl methane, fish oil, organic flaxseed oil, evening primrose oil, glyceryl monostearate, beeswax, lecithin, soybean oil, gelatin, glycerine, FD&C yellow No. 5, FD&C blue No. 1, FD&C red No. 40 and water. The product is a yellow oily paste encapsulated in an opaque black oblong softgel.

Compound Milk Thistle Extract Softgel is said to contain milk thistle extract, dandelion extract, artichoke extract, wolfberry extract, potassium chloride, beeswax, glyceryl monostearate, soybean oil, gelatin, glycerine, FD&C yellow No. 5, FD&C red No. 40, titanium dioxide, caramel color, and water. The product is a brown oily paste encapsulated in an opaque brownish red oblong softgel.

Shark Cartilage Capsule is said to contain shark cartilage powder, magnesium stearate, carbonate calcium, and ingredients for the capsule shell. The product is a white to yellow powder encapsulated in an oblong softgel. The three products will be imported encapsulated and in bulk.

The applicable subheading for the three products 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