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NY D83180




December 17, 1998

CLA-2-29:RR:NC:2:238 D83180

CATEGORY: CLASSIFICATION

TARIFF NO.: 2938.90.0000

Mr. Michael Politopoulos
GP Chemicals, Inc.
667 Shunpike Road -Suite #4
Green Village, NJ 07935

RE: The tariff classification of Salicin (CAS-158-52-3 ), imported in bulk form, from Switzerland

Dear Mr. Politopoulos:

In your letter dated September 23, 1998, you requested a tariff classification ruling. We regret the delay in responding.

The subject product, Salicin [2-(Hydroxymethyl)phenyl- -D-glucopyranoside], which you refer to as "D-(-)-Salicin," is a naturally occurring glycoside. According to The Merck Index (12th ed.), Salicin is "[U]sually obtained by making hot water extracts from the ground bark of poplar (Populus) and willow (Salix)," and is "[a]lso found in the leaves and female flowers of the willow." You state in your letter that your firm intends to use the subject product as a "nutritional supplement." With respect to its use, we note that Salicin is characterized (op. cit.) as a standard substrate in evaluating enzyme preparations containing -glucosidase. In addition, Goodman & Gilman's, The Pharmacological Basis of Therapeutics (9th ed.), indicates that Salicin has antipyretic properties.

The applicable subheading for Salicin, imported in bulk form, will be 2938.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "[G]lycosides, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other." The rate of duty will be 3.7 percent ad valorem, and remains unchanged in 1999.

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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