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

Mr. George C. Lovequist
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355

RE: The tariff classification of dietary supplements from Thailand

Dear Mr. Lovequist:

In your letter dated July 27, 2020, you requested a tariff classification ruling.

Ingredients breakdowns, manufacturing flowcharts and photocopies of the packaging accompanied your inquiry.

NUTRILITE NATURAL B 100S, item # A4205TH, is said to contain dicalcium phosphate, yeast, microcrystalline cellulose, lactose, inositol, aminobenzoic acid, calcium stearate, water, hydroxypropyl methylcellulose, glycerin, silicon dioxide, lactose, resin, cyanocobalamin, pyridoxine, and folic acid.

NUTRILITE VITAMIN C PLUS 60S, item # 109745TH, is said to contain ascorbic acid, acerola powder, microcrystalline cellulose, hydroxypropyl methylcellulose, silicon dioxide, citrus bioflavor, grapefruit dehydrate, royal mandarin dehydrate, lemon multiflavonoid dehydrate, magnesium stearate, water, and methylcellulose glycerin. Both products are said to be used as nutritional supplements. They will be retail packaged in plastic bottles containing 60 tablets.

In your letter, you suggested that this product may be classified under subheading 3004.50.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for medicaments . . . other, containing vitamins . . . other. Based upon the information submitted these products are dietary food supplements excluded from Chapter 30 by Note 1(a).  

The applicable subheading for the two products will be 2106.90.9898, 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