CLA-2-21:OT:RR:NC:N2:228
Mr. George C. Lovequist
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355
RE: The tariff classification of dietary supplements from Colombia
Dear Mr. Lovequist:
In your letter dated September 17, 2020, you requested a tariff classification ruling.
Ingredients breakdowns, a manufacturing flowchart and photocopies of the packaging accompanied your inquiry.
The first product, “Amway Immunity Gummies”, is said to contain organic sugar, organic tapioca syrup, water, vitamin C, glycerin, elderberry extract, agar, flavors consisting of elderberry, lemon and masking flavors, zinc, lactic acid and citric acid.
The second product, “Amway Sleep Gummies”, is said to contain organic sugar, organic tapioca syrup, water, magnesium, glycerin, agar, lactic acid, citric acid, blueberry and lavender flavors, magenta color, melatonin, and passion flower extract.
In your letter, you suggested that the products may be classified under subheading 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. Based on the composition of the ingredients, the products will be classified elsewhere.
The applicable subheading for the two products, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, HTSUS, which provides for food preparations not elsewhere specified or included … other … other … articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17… described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the products will be classified in subheading 2106.90.9700, HTSUS, and dutiable at the general rate of 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.65, HTSUS.
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 the 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division