NY 864642: The tariff classification of a food supplement from Germany

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 864642
                                 
                                 July 12, 1991


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

CATEGORY:  Classification

TARIFF NO.:  2106.90.6097; 2106.90.6099 

Mr. John M. Mayhall, Jr.
Omega Nutrition, Inc.
3021 Lorna Road  Suite 300
Birmingham, AL  35216

RE:  The tariff classification of a food supplement from Germany

Dear Mr. Mayhall:

     In your letter dated June 11, 1991, you requested a tariff
classification ruling.         

   An ingredients breakdown and sample package accompanied your
letter.  "PCM-4" is a food supplement in tablet and capsule form. 
The primary ingredient in the tablets are polypeptides derived
from bovine spleen extract.  Other ingredients include sucrose,
talc, and corn starch. The main ingredients in the capsules are
lactose, gelatin, vegetable oils,  and polypeptides derived from
bovine spleen extract.  The products are put up in retail
packages containing 15 capsules and 90 tablets.

   The applicable subheading for the PCM-4 tablets will be
2106.90.6097, Harmonized Tariff Schedule of the United States
(HTS), which provides for food preparations not elsewhere
specified or included...other... other...containing sugar derived
from sugar cane and/or sugar beets.  The rate of duty will be 10
percent ad valorem.
    
   The applicable subheading for the PCM-4 capsules will be
2106.90.6099, HTS, which provides for food preparations not
elsewhere specified or included...other...other...other.  The
rate of duty will be 10 percent ad valorem.    

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

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport