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NY B83597




April 15, 1997

CLA-2-29:RR:NC:2:238 B83597

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.90.1000; 2939.90.5000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089-4537

RE: The tariff classification of Theobromine (CAS-83-67-0), imported in bulk form, from China

Dear Chivini:

In your letter dated March 20, 1997, you requested a tariff classification ruling.

The subject product, Theobromine, is an alkaloid, in white crystalline powder form, prepared from the dried ripe seed of Theobroma cacao, or made synthetically from xanthine. It has the following chemical names: 3,7-dihydro-3,7-dimethyl-1H-purine-2,6-dione, or 3,7-dimethylxanthine. Theobromine has physiologic properties similar to those of caffeine, and is used as a diuretic and smooth muscle relaxant, and as a myocardial stimulant and vasodilator.

The applicable subheading for natural Theobromine, imported in bulk form, will be 2939.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Natural." The rate of duty will be free.

The applicable HTS subheading for synthetically prepared Theobromine, imported in bulk form, will be 2939.90.5000, HTS, which provides for: "Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Other." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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