NY 864324
JUL 5 1991
CLA-2-30:S:N:N1:30 864324
Mr. Edward Baker
A.N. Deringer, Inc.
39 West Service Road
Champlain, New York 12919-9703
RE: The tariff classification of Lyo-San Bifidus capsules and
powder (Bifidobacterium longum) packaged for retail sale from
Canada
Dear Mr. Baker:
In your letter dated June 13, 1991 you requested a tariff
classification ruling on behalf of your client, Lyo-San Inc.
The Lyo-San Bifidus is made of freeze-dried Bifidobacterium
longum bacteria culture powder obtained from a starter colony in
a skim milk broth.
After milling, some of the powder will be encapsulated (120
capsules per bottle) as well as sold loose (70 grams per bottle)
and used as a food supplement.
The applicable subheading for the Lyo-San Bifidus will be
3002.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other ferments. The rate of duty will
be 5 percent ad valorem.
This merchandise may be subject to the regulations of the
Food and Drug Administration. You may contact them at 5600
Fishers Lane, Rockville, Maryland 20857, telephone number (202)
443-3380.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport