CLA-2-21:OT:RR:NC:2:228
Ms. Sandra Calloway
Herbalife International of America, Inc.
990 W. 190th Street
Suite 650
Torrance, CA 90502
RE: The tariff classification of Beta-Carotene 20% DC/AF from India.
Dear Ms. Calloway:
In your letter dated December 1, 2009, received by this office on January 5, 2010, you requested a tariff classification ruling.
A sample and ingredient breakdown was submitted with your letter. The sample was examined and disposed of. Beta-Carotene 20% DC/AF is granular free-flowing reddish brown powder that will be utilized in the production of single and multivitamin tablets. The article is said to contain 20 percent b-carotene USP, 40-50 percent modified starch, 20-30 percent corn starch, less than 5 percent of corn oil, less than 2 percent of sodium ascorbate and less than 2 percent of dl-a-tocopherol.
The applicable subheading for the Beta-Carotene 20% DC/AF will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other…other. The 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 World Wide Web at http://www.usitc.gov/tata/hts/.
Articles classifiable under subheading 2106.90.9998, HTSUS, which are products of India are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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 Stanley Hopard at (646) 733-3029.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division