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NY C89401


July 17, 1998

CLA-2-39:RR:NC:FC:237 C89401

CATEGORY: CLASSIFICATION

TARIFF NO: 3913.90.2050; 2106.90.9998

Ingrid Stokke

Norwegian Trade Council

800 Third Avenue, 23rd Floor

New York, NY 10022-7604

RE: The classification of Primex chitosan in bulk and Polysan chitosan in capsules from Norway.

Dear Ms. Stokke:

In your letter dated June 19, 1998 you requested a tariff classification ruling on behalf of Primex Ingredients AS of Avaldsnes, Norway.

Based on your technical literature, Primex chitosan has the chemical name (1-4)-linked-2-amino-2-deoxy-beta-D-glucopyranose and is a polysaccharide derivative of chitosan, which is in turn obtained by the deacetylation of chitin derived from shrimp shells. The product will be imported as flakes or micromilled powder with a particle size of 50-to-60 mesh, in bulk 40 kilogram bags, under the brand name Primex chitosan, or in capsules, under the brand name Polysan chitosan, for use in the health food industry.

The applicable subheading for Primex chitosan in bulk form will be 3913.90.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers and modified natural polymers not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives: other. The rate of duty is 5.8 percent ad valorem.

The applicable subheading for Polysan chitosan in capsule form will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included: other: other: other. The rate of duty is 7.6 percent ad valorem.

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 F. Cantone at 212-

466-5488.

Sincerely,


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