CLA-2-21:OT:RR:NC:N4:228

 Ms. Elizabeth Deaton
Argents Air Express Ltd
dba Argents Express Group 
4115 Dorchester Rd., #600 
North Charleston, SC 29405

RE: The tariff classification of dietary supplements from Canada

Dear Ms. Deaton:

In your letter dated December 19, 2017, you requested a tariff classification ruling on behalf of your client, Coffee Booster Inc.

Ingredients breakdowns, manufacturing flowchart, a narrative description of the manufacturing process, and products labels accompanied your inquiry for five products.

The first product Coffee Booster Multivitamin is said to contain approximately 95 percent purified water, 3 percent vegetable glycerin, 1 percent vitamin C ascorbic acid, and trace amounts of xanthan gum, vitamin E/RRR-a-tocopherol, citric acid, thiamine hydrochloride, pyridoxine hydrochloride, niacinamide, potassium sorbate, sodium benzoate, vitamin D3, biotin, vitamin B5, vitamin A palmitate, folic acid, butterscotch natural flavor, and vitamin B12 cyanocobalamin. The product is said to function as a dietary supplement that provides multivitamins to enhance the immune system. The directions instruct the user to add 1 teaspoon per cup of coffee. The product is imported for retail sale in 2.03 ounce or 8.45 ounce bottles, net weight.

The second product Coffee Booster Mind is said to contain 98 percent purified water, 1 percent l-theanine synthetic, and trace amounts of panax ginseng, Siberian ginseng, potassium sorbate, citric acid, sodium benzoate, and vegetable glycerin. The product is said to function as a dietary supplement that provides cognitive wellness. The directions instruct the user to add 1 teaspoon per cup of coffee. The product is imported for retail sale in 2.03 ounce or 8.45 ounce bottles, net weight.

The third product Coffee Booster Antioxidant is said to contain approximately 97 percent purified water, 2 percent green leaf tea, and trace amounts of selenium, potassium sorbate, sodium benzoate, sodium citrate, and vitamin C ascorbic acid. The product is said to function as a dietary supplement that provides the maintenance of good health. The directions instruct the user to add 1 teaspoon per cup of coffee. The product is imported for retail sale in 2.03 ounce or 8.45 ounce bottles, net weight.

The fourth product Coffee Booster Immunity is said to contain 98 percent purified water, and trace amounts of echinacea purpurea, American ginseng root, zinc gluconate, vitamin C ascorbic acid, vitamin D3, potassium sorbate, and sodium benzoate. The product is said to function as a dietary supplement that provides joint and skin health. The directions instruct the user to add 1 teaspoon per cup of coffee. The product is imported for retail sale in 2.03 ounce or 8.45 ounce bottles, net weight.

The fifth product Coffee Booster Collagen is said to contain 86 percent purified water, 11 percent hydrolyzed collagen, and trace amounts of citric acid, vitamin C ascorbic acid, potassium sorbate, and sodium benzoate. The product is said to function as a dietary supplement that provides immune system support. The directions instruct the user to add 1 teaspoon per cup of coffee. The product is imported for retail sale in 2.03 ounce or 8.45 ounce bottles, net weight.

The applicable subheading for the products will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . other . . . other. The general 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 https://hts.usitc.gov/current.

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 Bruce N. Hadley, Jr. at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division