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NY 864265

August 21, 1991

CLA-2-38:S:N:N1:235 864265

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.5050

Ms. Joan Ng
Phyto-Chem Inc.
P.O. Box 731, Knickerbocker Station
New York, NY 10002

RE: The tariff classification of Phyto-Glycolipids (millet seed extract), Sugar Cane Extract and Garlic Protein Extract from China.

Dear Ms. Ng:

In your letter dated June 6, 1991 you requested a tariff classification ruling.

Sugar Cane Extract is a mixture of vegetable acids primarily used in cosmetic preparations.

The applicable subheading for the Sugar Cane Extract will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other mixtures not elsewhere provided for. The duty rate will be 5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Phyto-Glycolipids (Millet Seed Extract) and Garlic Protein Extract. To determine the proper classification for Phyto-Glycolipids (Millet Seed Extract), your request for a classification ruling should include a complete chemical composition by generic name and percentage by weight of each component at the spercritical state extraction and at the redissolved in unique oil mixture derived from olive plant. Also provide the mixing ratio or percentage of the above stage for the final product. To determine the proper classification for Garlic Protein Extract, you should include the complete chemical composition by generic name and percentage by weight of components in the final product.

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

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