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NY C82160




December 30, 1998

CLA-2-29:RR:NC:2:238 C82160

CATEGORY: CLASSIFICATION

TARIFF NO.: 2936.28.0000

Mr. Howard L. Brainard
H.L. Brainard & Company
3412 Saw Mill Road
Newtown Square, PA 19073

RE: The tariff classification of Vitamin E Linoleate (CAS-36148-84-2), imported in bulk form, from China

Dear Mr. Brainard:

In your letter dated November 18, 1997, on behalf of your client, China Chemical Trading Corporation, you requested a tariff classification ruling.

According to a report issued by the U.S. Customs laboratory in New York to this office, the subject product, Vitamin E Linoleate, is a Vitamin E derivative. You state in your letter that the product will be used as an ingredient in skin (care) lotions.

The applicable subheading for Vitamin E Linoleate, imported in bulk form, will be 2936.28.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Provitamins and vitamins, natural or reproduced by synthesis (including natural concentrates), derivatives thereof used primarily as vitamins, and intermixtures of the foregoing, whether or not in any solvent: Vitamins and their derivatives, unmixed: Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives." The rate of duty will be free. The rate of duty in 1998 will remain 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,

Robert B. Swierupski

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