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The dominant issue was classification of an imported wheat seed extract standardized to deliver functional lipids, intended exclusively for use in dietary supplements and licensed as a functional ingredient, as between a plant extract heading and a food preparation heading. Applying the tariff notes and end-use character, it was held that the solvent-extracted, concentrated product was marketed and used as a nutraceutical for general well-being (skin and hair health) and not for treatment or prevention of disease, giving it the essential character of a food preparation under Heading 2106 rather than a mere botanical extract. Accordingly, it was classified under CTH 2106 90 99. - AAR
The dominant issue was classification of an imported wheat seed extract standardized to deliver functional lipids, intended exclusively for use in dietary supplements and licensed as a functional ingredient, as between a plant extract heading and a food preparation heading. Applying the tariff notes and end-use character, it was held that the solvent-extracted, concentrated product was marketed and used as a nutraceutical for general well-being (skin and hair health) and not for treatment or prevention of disease, giving it the essential character of a food preparation under Heading 2106 rather than a mere botanical extract. Accordingly, it was classified under CTH 2106 90 99. - AAR
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