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NY C86035




April 16, 1998

CLA-2-13:RR:NC:2:238 C86035

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040

John B. Rehm, Esq.
Dorsey & Whitney LLP
Suite 200
1330 Connecticut Avenue, N.W.
Washington, D.C. 20036

RE: The tariff classification of SoyLife 100 powdered extract from the Netherlands

Dear Mr. Rehm:

In your letter dated April 1, 1998, on behalf of your client, Schouten USA, Inc, you requested a tariff classification ruling.

The submitted sample, SoyLife 100, consists of a light-brown powdered extract obtained from soybeans.

According to the manufacturer's flow chart you submitted, the soybeans, after cleaning and cracking, are subjected to moderate heat treatment, cooled, and milled to produce a full-fat flour. The milled soybeans are combined with a solution consisting of 80% ethanol and 20% water, and the material stirred for 2 1/2 hours at 200 degrees Fahrenheit. After 2 1/2 hours, the material is subjected to centrifugation in order to separate the ethanol/water-insoluble fraction (e.g., ash, fiber, proteins) from the ethanol/water-soluble fraction. The ethanol/water-insoluble fraction is discarded. Evaporation of the ethanol/water solvent from the remaining ethanol/water-soluble fraction leaves a viscous, sticky fluid having the consistency of molasses, to which cornstarch (15% by dry weight of the finished product) is added to facilitate the removal of the material from a drying drum. The fluid/cornstarch mixture is dried on the surface of a revolving, heated drum, and then removed. Finally, the dried material is milled to a powder, and packaged in 10 kg drums.

You state in your letter that, in its imported condition, the subject product is not mixed with other substances. In addition, you state that the subject product will not be sold at retail, but used as a raw material by manufacturers of vitamins, minerals, and supplements to produce new formulations with other herbs and vitamins.

The applicable subheading for the subject product will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Vegetable saps and extracts: Other: 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 Harvey Kuperstein at 212-466-5770.

Sincerely,

Robert B. Swierupski

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