CLA-2-21:S:N:N7:228
Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service Road
P.O. Box 188
Champlain, NY 12919
RE: The tariff classification of Formoslim and Qualo Gel from
Canada
Dear Ms. Trombley:
In your letter dated January 12, 1993, on behalf of
Distribution Alimentaire Carpe Diem, Inc., Sillery, Quebec, Canada, you requested a
tariff classification ruling.
Ingredients breakdowns accompanied your letter. Samples, submitted
with earlier correspondence, were examined and disposed of. Formoslim is a
pale yellow liquid, said to consist of water, hydrolyzed collagen, aloe
vera, glycerin, fructose, ascorbic acid, potassium sorbate, methyl paraben,
propyl paraben, and peach flavor, packed for retail sale in a plastic
bottle containing 450 milliliters. The product will be marketed as a food
supplement for persons on reduced calorie diets, and will be consumed by
drinking 15 milliliters of Formoslim, mixed with a glass of water, once a
day. Qualo Gel is a light amber colored gel, said to contain water,
centella asiatica, kola extract, castor oil, germaben II, triethanolamine,
carbomere 940, and essential oils. The gel, put up for retail sale in a
plastic bottle containing 125 milliliters, is applied directly to the
skin, after bathing. It has no therapeutic properties.
The applicable subheading for Formoslim will be 2106.90.6599,
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 10 percent ad valorem.
The applicable subheading for Qualo Gel will be 3304.99.0000, HTS,
which provides for beauty or make-up preparations and preparations for the
care of the skin (other than medicaments)...other...other. The rate of
duty will be 4.9 percent ad valorem.
Goods classifiable under subheadings 2106.90.6599 and 3304.99.0000,
HTS, which have originated in the territory of Canada, will be entitled to
a 5 percent and 2.4 percent ad valorem rate of duty, respectively, under
the United States-Canada Free Trade Agreement (FTA) upon compliance with
all applicable regulations.
The importation of this merchandise may be subject to restrictions
imposed by the United States Food and Drug Administration. It is suggested
you contact this agency 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