CLA-2-15:RR:NC:SP:232 C80195

Ms. Judith L. Kaufman
Manhattan Merchant Funding Corp.
30 Broad Street, 36th Floor
New York, NY 10004

RE: The tariff classification of Omega-3 capsules from Australia.

Dear Ms. Kaufman:

In your letter dated September 25, 1997, on behalf of Collage International Pty Limited of New South Wales, Australia, you requested a tariff classification ruling.

Information and a sample were submitted with your initial request dated August 25, 1997. The subject merchandise consists of Omega-3 capsules imported in a plastic jar. The Omega-3 is made from Salmon fish oil, which is extracted from the whole fish and is not chemically modified. The product is used as a dietary supplement.

The applicable subheading for the Omega-3 capsules will be 1504.20.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for Fats and oils and their fractions, of fish, other than liver oils...other...other. The rate of duty will be 1.5 cents per kilogram plus 5 percent ad valorem.

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 John Maria at 212-466-5730.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division