CLA-2-21:RR:NC:2:228 B84789
Ms. Susan Kohn Ross
S.K. Ross & Associates, P.C.
5777 West Century Blvd.
Los Angeles, CA 90045-5659
RE: The tariff classification of food supplements from England
Dear Ms. Ross:
In your letter dated April 23, 1997, on behalf of Healthaid
America, you requested a tariff classification ruling.
"Ginkgo Vital 3," "Tang Royal Jelly" and "Royal 3" are human
food supplements, in gelatin capsules, packed for retail sale. One
sample capsule, the retail container, and a copy of the
promotional literature for Ginkgo Vital 3, and a copy of the
promotional literature for Tang Royal Jelly, were submitted with
your letter. Ginkgo Vital 3 is said to be composed of ginkgo
extract, ginseng extract, soybean oil, lecithin, and beeswax. Tang
Royal Jelly consists of royal jelly, wheat germ oil, glycerine,
beeswax, and lecithin. Royal 3 is said to contain royal jelly,
ginseng, evening primrose oil, wheat germ oil, glycerine, beeswax,
and lecithin. The actual quantities of ingredients in each product
was not provided. The literature states each capsule of Ginkgo
Vital 3 contains 100 milligrams of ginkgo, 250 milligrams of
Siberian ginseng, and 150 milligrams of Panax ginseng, and the
container suggests a dosage of one capsule per day. The literature
for Tang Royal Jelly indicates it is in a 600 milligram capsule,
and recommends the consumption of one capsule per day.
The applicable subheading for the Ginkgo Vital 3, Tang Royal
Jelly, and Royal 3 will be 2106.90.9998, 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 8.2 percent ad valorem.
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.
With regard to the tariff classification for the Koregin and
Sibergin, you have indicated that this is currently the subject of
an application for further review of a protest at the port of Los
Angeles/Long Beach. This office is precluded from ruling on the
classification of merchandise which is the subject of a current or
completed Customs transaction. A ruling will be issued to you by
our Headquarters office.
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 212-466-5760.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division