CLA-2-17:RR:NC:SP:232 C87678
Ms. Ingrid Stokke
Norwegian Trade Council
800 Third Avenue, 23rd Floor
New York, NY 10022-7604
RE: The tariff classification of CuraMed Lozenges from Norway.
Dear Ms.Stokke:
In your letter dated May 8, 1998, you requested a tariff
classification ruling.
You submitted descriptive literature and samples with your
request. The subject merchandise is three varieties of "CuraMed"
flavored throat lozenges, retail blister packaged 10 per strip, two
strips per cardboard box. The three flavors are distinguished by
the color of the box, as all the lozenges themselves look alike.
The "Green" lozenges are said to consist of 5 percent bovine
colostrum, 93 percent glucose, 1 percent gelatin, and traces of
flavors and preservatives. The "Red" lozenges are stated to
contain 6 percent bovine colostrum, 83 percent xylitol, 4 percent
cellulose, 5 percent polyetylenglycol (sic), 1 percent peppermint
oil, and traces of preservatives. The "Yellow" lozenges are said
to contain 84.6 percent xylitol, 1.8 percent ascorbic acid, 2
percent Methocel E 5 PR, 4.7 percent distilled water, 2.9 percent
bovine colostrum, 2 percent lemon flavor, and preservatives.
The applicable subheading for the "Green" lozenges will be
1704.90.3550, Harmonized Tariff Schedule of the United States
(HTS), which provides for Sugar confectionery (including white
chocolate), not containing cocoa: Other: Confections or sweetmeats
ready for consumption: Other: Other...Put up for retail sale:
Other. The rate of duty will be 6.1 percent ad valorem.
The applicable subheading for the "Red" and "Yellow" lozenges
will be 2106.90.9985, Harmonized Tariff Schedule of the United
States (HTS), which provides for Food preparations not elsewhere
specified or included: Other: Other..Confectionery (including gum)
containing synthetic sweetening agents (e.g. saccharin) instead of
sugar. The rate of duty will be 7.6 percent ad valorem.
You indicate an interest in importing bovine colostrum in
bulk. However, your inquiry does not provide enough information
for us to give a classification ruling on the bovine colostrum.
Your request for such a classification ruling should include
details on what you mean by "bulk". How will it be imported? Will
it be concentrated and/or dried? Will it contain sugar or other
sweetening matter? What is the butterfat content of the intended
shipment? What is its proposed use? When all this information is
available, you may wish to consider resubmission of your request.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously, and
permanently marked to indicate the English name of the country of
origin to an ultimate purchaser in the United States. The
implementing regulations to 19 U.S.C. 1304 are set forth in Part
134, Customs Regulations (19 CFR Part 134). The samples you have
submitted do not appear to be properly marked with the country of
origin. You may wish to discuss the matter of country of origin
marking with the Customs Import Specialist at the proposed port of
entry.
Additional requirements may be imposed on this product by the
Food and Drug Administration. You may contact the FDA at:
Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 John Maria at 212-466-5730.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division