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NY E89062





October 28, 1999

CLA-2-29:RR:NC:2:238 E89062

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.99.9550

Mr. Michael Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Melatonin (CAS-73-31-4), imported in bulk form, from India

Dear Mr. Tartaro:

In your letter dated October 8, 1999, you requested a tariff classification ruling.

According to The Merck Index (Twelfth Edition), the subject product, Melatonin, is “[A] hormone of the pineal gland, also produced by extra-pineal tissues, that lightens skin color in amphibians by reversing the darkening effect of MSH” (i.e., melanocyte-stimulating hormone).

The applicable subheading for Melatonin, imported in bulk form, will be 2937.99.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for: "[O]ther hormones and their derivatives; other steroids used primarily as hormones: 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 301-443-1544.

With respect to your request for a classification ruling concerning “Garcinia Cambogia,” please be advised that the following information must be submitted before we can issue a ruling on this product, namely: 1) a proper description of the product and, 2) assuming the product is claimed to be a “vegetable extract,” a flow chart from the manufacturer describing each operation/process carried out in order to produce it, and the reason why that parcticular operation/process is performed. When this information is available, you may wish to resubmit your request.

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 212-637-7068.

Sincerely,

Robert B. Swierupski

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