NY 863251: The tariff classification of a food supplement from Canada

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                   NY 863251

                                  May 16, 1991


CLA-2-21:S:N:N1:228  

CATEGORY:  Classification

TARIFF NO.: 2106.90.6099  

Mr. Yves Normandin
Bee-Yves Distribution, Inc.
3155 St. Charles Blvd.
Kirkland, Quebec  H9H 3B8  Canada

RE:  The tariff classification of a food supplement from Canada

Dear Mr. Normandin:

       In your letter dated May 7, 1991, you requested a tariff
classification ruling.  

       Samples accompanied your letter, were examined and
disposed of.
"Telergon" is a liquid consisting of distilled water, ethanol,
honey, royal jelly, and natural flavor, put up in glass ampoules
containing .18 ounce (5 ml).  The product will be marketed as a
health food supplement, with a suggested dosage of one vial per
day, mixed in a glass of liquid.

       The applicable subheading for the Tellergon royal jelly
food supplement will be 2106.90.6099, Harmonized Tariff Schedule
of the United States (HTS), which provides for food preparations
not elsewhere specified or included...other...other...other.  The
duty rate will be 10 percent ad valorem.       

       Goods classifiable under subheading 2106.90.6099, HTS,
which have originated in the territory of Canada, will be
entitled to a 7 percent ad valorem rate of duty under the United
States-Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.

     If this merchandise is determined to be suitable for use as
a beverage, it may be subject to Internal Rvenue Taxes.  It is
suggested you contact the Bureau of Alcohol, Tobacco and
Firearms, 6500 Massachusetts Avenue, Washington, D.C. 20226, for
a decision on this matter.
    
     Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the U.S. must be legibly, conspicuously, and
permanently marked to indicate the English name of the country of
origin to an ultimate purchaser in the United States.  The
implementing regulations to 19 U.S.C. 1304 are set forth in Part
134, Customs Regulations (19 CFR Part 134).  The samples you
have submitted do not appear to be properly marked with the
country of origin.  You may wish to discuss the matter of country
of origin marking with the Customs import specialist at the
proposed port of entry.

       This ruling is being issued under the provisions of
Section 177 of the Customs Regulations (19 C.F.R. 177).

      

                                       Sincerely,

                                   
  
                                       Jean F. Maguire
                                         Area Director
                                         New York Seaport