Cultures of micro-organisms presented in gelatine capsules, put up for retail sale. The content of each capsule consists of the following components (% by weight):     — L. rhamnosus     3,36      — L. acidophilus     3,36      — L. plantarum     0,84      — B. lactis     0,84      — Maltodextrine    50,6      — Micro-crystalline cellulose    10      — Corn starch    30      — Magnesium stearate    1       According to the label the product is presented as a food supplement for human consumption.  ,2106 90 98,  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(a) to Chapter 30 and the wording of CN codes 2106, 2106 90 and 2106 90 98.    The product is a food preparation presented in the form of capsules. The casing is a factor that, together with the content, determines the use and character of the product as a food supplement (see judgment of the Court of Justice of the European Union in joined cases C-410/08 to C-412/08 ‘Swiss Caps’, [2009] ECR p. I-11991, paragraphs 29 and 32).    The product is therefore to be classified under heading 2106 as a food preparation not elsewhere specified or included (see also Harmonised System Explanatory Notes to heading 2106, point (16).  ,