CLA-2-21:OT:RR:NC:N2:228
Ms. Sandra Calloway
Herbalife International of America, Inc.
950 West 190th Street
Torrance, CA 90502
RE: The tariff classification of various herbal concentrate products
Dear Ms. Calloway:
In your letter dated November 13, 2014 you requested a tariff classification ruling.
Samples and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. You state that all six products are currently manufactured in the U.S. and exported.
Herbalife Herbal Tea Concentrates are in powder form put up for retail sale in a plastic bottle containing 100g, net weight, in three flavors. Sku #3033PM/Formula #F1191 is said to contain natural lemon peel flavor, Sku #3034/ Formula # F1193 is said to contain natural raspberry flavor, and Sku #3035PM/ Formula #F1188 is said to contain natural peach flavor. The principal ingredients in the three items are fructose powder, maltodextrin, acesulfame K, natural caffeine powder, anhydrous citric acid, cardamom seed extract, hibiscus flower powder, malva sylvestris extract, orange pekoe extract, and green tea extract. Herbalife Aloe Concentrate - Sku# 1019PM/Formula #F1436 and Herbal Aloe Concentrate Mango – Sku #1065PM/Formula #F1694 are said to be liquid dietary supplements, packed in plastic bottles containing 473 ml fluid ounces each. The suggested serving is 15 ml of each product mixed with 120 ml of water. Ingredients common to both products are purified water, chamomile flower powdered extract, sodium benzoate, potassium sorbate, and anhydrous citric acid. Herbalife Aloe Concentrate also contains purified aloe vera gel, lemon juice concentrate flavor, and sodium citrate dehydrate. Herbal Aloe Concentrate Mango also contains purified aloe vera concentrate powder, natural mango flavor, and sucralose powder. Herbalifeline – Sku #0065PM/Formula #F0101 is said to be a soft gelatin capsule filled with fish oil (18/12) TG, fish oil (33/22) EE, d-alpha tocopherols, peppermint oil, clove oil, white thyme oil, and vanilla flavor packed in a plastic bottle containing 90 capsules as a food supplement.
The applicable subheading for the three Herbalife Herbal Tea Concentrates will be 2101.20, Harmonized Tariff Schedule of the United States (HTSUS), which provides for extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or maté.
The applicable subheading for the two Herbal Aloe Concentrates, and Herbal Fish Oil will be 2106.90, HTSUS, which provides for food preparations not elsewhere specified or included…other.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
If you have any questions regarding the ruling, contact National Import Specialist Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division