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NY E84778




October 1, 1999

CLA-2-39:RR:NC:2:237 E84778

CATEGORY: CLASSIFICATION

TARIFF NO.: 3913.90.2050

Mr. Mark Szczawinski
The Warner Graham Company
160 Church Lane
P.O. Box 249
Cockeysville, Maryland 21030

RE: The tariff classification of chitosan flakes (CAS-9012-76-4) from China.

Dear Mr. Szczawinski:

In your letter dated July 6, 1999, you requested a tariff classification ruling.

The sample consisting of yellowish colored flakes, is described as chitosan flakes derived from crab shells which have been scalded in concentrated sodium hydroxide solution to make them water soluble and then ground into flakes. Based on Customs Laboratory Report 2-1999-21852, the product is a chemically modified natural polymer (polysaccharide type) imported in bulk as an ingredient in the manufacture of hair care products to provide hold properties similar to hair spray.

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

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404 or EPA Region II at (908) 321-6669.

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 Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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