CLA-2-18:RR:NC:232
Karine Gagiryan
Herbalife International of America, Inc.
930 E. 233rd Street
Carson, CA 90745
RE: The tariff classification of Herbalife Thermojetics “Thermo Complete” Formula
Dear Ms. Gagiryan:
In your letter dated August 26, 2008 you requested a tariff classification ruling.
The subject merchandise is described as Herbalife Thermojetics “Thermo Complete” Formula N540-01 sku# 0050. The product is stated to be part of the Herbalife weight-management product line to help consumers manage their body shape. It is designed for energy and weight-management support.
The main ingredients in Herbalife Thermojetics Thermo Complete Formula N540-01 are: Green Tea Extract, Cocoa Extract, Yeba Maté Extract, Caffeine, Cinnamon Bark, Corn Starch, Thickeners, Anti-caking Agents and several herbal ingredients.
The product is in a tablet form, put up for retail sale in plastic bottles containing 90 tablets per bottle. Each bottle has a total weight of 78.9 grams.
The applicable subheading for the Herbalife Thermojetics “Thermo Complete” Formula N540-01 sku# 0050 will be 1806.90.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: other: other: other. The rate of duty will be 6 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Frank Troise at 646-733-3031.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division