CLA-2-30:RR:NC:2:238 D80280
Mr. Robert Goldschmidt
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022-4223
RE: The tariff classification of Bifilon-50N from Japan
Dear Mr. Goldschmidt :
In your letter dated June 4, 1998, resubmitted on July 14,
1998, you requested a tariff classification ruling.
The submitted sample, Bifilon-50N, consists of a fine, white
powder which, according to your letter, contains (by weight)
33.3% lyophilized (freeze-dried) bifidobacteria (Bifidobacterium
longum BB536), 66.3% cornstarch (filler/stabilizer), and 0.4%
calcium hypophosphate. According to a letter from the
manufacturer, the microorganisms, which are rendered inactive by
the freeze-drying process for storage purposes, are reactivated
after ingestion into the body, where (according to the product
literature) they proliferate in the gut. You state in your
letter that the subject product is indicated for use as a dietary
supplement.
The applicable subheading for Bifilon-50N will be
3002.90.5050, Harmonized Tariff Schedule of the United States
(HTS), which provides for: "Human blood; ... , cultures of
microorganisms (excluding yeasts) and similar products: Other:
Other: Other:" The rate of duty will be free.
This merchandise may be subject to the requirements of the
Federal Food, Drug, and Cosmetic Act, which is administered by
the U.S. Food and Drug Administration. You may contact them at
5600 Fishers Lane, Rockville, Maryland 20857, telephone number
(301) 443-6553.
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 Harvey
Kuperstein at 212-466-5770.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division