CLA-2-21:S:N:N7:228 808218
Mr. Frank Astete
FAP Imports, Inc.
260 Washington Ave.
Hackensack, NJ 07601
RE: The tariff classification of a food supplement from Peru
Dear Mr. Astete:
In your letter dated March 13, 1995 you requested a tariff
classification ruling.
Samples and technical literature accompanied your letter.
The sample was examined and disposed of. The product, called
"Uncar, extract of una de gato," consists of a brown powder put
up in an edible capsule, sold as a food supplement. The powder
is said to be composed of extract from the bark of a plant
identified as Uncaria tomentosa, glucose, magnesium silicate,
silicon dioxide, and magnesic salt.
The applicable subheading for this food supplement will be
2106.90.9999, Harmonized Tariff Schedule of the United States
(HTS), which provides for food preparations not elsewhere
specified or included...other...other...other. The duty rate
will be 9.4 percent ad valorem.
Articles classifiable under subheading 2106.90.9999, HTS,
which are products of Peru are entitled to duty free treatment
under the Generalized System of Preferences (GSP) and the Andean
Trade Preference Act (ATPA) upon compliance with all applicable
regulations.
The importation of this merchandise may be subject to
restrictions imposed by the United States Department of
Agriculture and/or Food and Drug Administration. It is suggested
you contact these agencies directly for further information.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport