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NY 853254


June 28, 1990

CLA-2-29:S:N:N1:238 853254

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.300000, 9902.30.02

Mr. Sean P. Isacsson
R.W. Greef and Company, Inc.
1445 East Putnam Avenue
Old Greenwich, Connecticut 06870

RE: The tariff classification of Caffeine anhydrous from China.

Dear Mr. Isacsson:

In your letter dated May 31, 1990 you requested a tariff classification ruling.

Caffeine anhydrous is a central stimulant alkaloid drug that will be imported in bulk form.

The applicable subheading for the Caffeine anhydrous in bulk form will be 2939.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Caffeine and its salts. The rate of duty will be 6 percent ad valorem

The effective period for heading 9902.30.02 is: On or before the earlier of 12/31/92 or the date ( as determined by the U.S. Trade Representative) on which the rate of duty imposed by the European Communities on articles in subheading 2939.30.00 exceeds the rate of duty imposed by the United States on such articles that was in effect on 6/30/88. The current rate is 4.1 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380..

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

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