CLA-2-21:OT:RR:NC:2:228
Mr. Joseph Walter
Livingston International
670 Young Street
Tonawanda, NY 14150
RE: The tariff classification of dietary supplements from Canada
Dear Mr. Walter:
In your letter dated January 17, 2018, you requested a tariff classification ruling on behalf of your client, Immunotec, Inc., Canada.
Ingredients breakdowns, manufacturing flowcharts, narrative descriptions of the manufacturing process, and the product labels accompanied your inquiry.
The first product, “ Probio 3+”, is said to contain approximately 51 percent modified potato starch, 21 percent cranberry powder, 18 percent hydroxypropyl methylcellulose, 4 percent inulin, 4 percent bifidobacterium and lactobacillus cultures, 1 percent skim milk powder, and a trace of ascorbic acid. The product is said to function as a dietary supplement that provides digestive health. The directions instruct the user to consume 1 capsule daily with water. The product is imported for retail sale in bottles containing 30 capsules.
The second product, “Omega Gen V”, is said to contain approximately 60 percent fish oil, 17 percent gelatin, 8 percent glycerin, 7 percent yellow beeswax, 3 percent ubiquinone0, 2 percent turmeric root extract, 2 percent lecithin, 1 percent vitamin E oil, and a trace amount of piperine. The product is said to function as a dietary supplement that provides heart and brain health. The product is imported for retail sale in bottles containing 120 capsules.
The third product, “Thermo Action”, is said to contain approximately 59 percent green tea extract, 24 percent vegetable capsule containing magnesium stearate, microcrystalline cellulose, hydroxypropyl methyl cellulose, 18 percent guarana, and a trace amount of chromium. The product is said to function as a dietary supplement that provides weight management. The product is imported for retail sale in bottles containing 120 capsules.
The fourth product, “Seren-T200”, is said to contain approximately 53 percent milk protein hydrolysate, and 47 percent sodium caseinate. The product is said to function as a dietary supplement that provides stress relief. The product is imported for retail sale in bottles containing 30 capsules.
The applicable subheading for the “Thermo Action” product is 2101.20.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Other: Other: Other. The rate of duty will be 8.5 percent ad valorem.
The applicable tariff provision for the “Seren-T200” product will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included… protein concentrates and textured protein substances. The rate of duty will be 6.4 percent ad valorem.
The applicable subheading for the “Probio 3+” product, and the “Omega Gen V” product 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, for subheading 2101.20.9000, contact National Import Specialist Frank Troise at [email protected], and for subheadings 2106.90.9898 and 2106.10.0000, contact National Import Specialist Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division