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NY H86555




January 4, 2002

CLA-2-29:RR:NC:2:238 H86555

CATEGORY: CLASSIFICATION

TARIFF NO.: 2937.90.0000

Ms. Patricia M. Rodriguez
Jones & Klink Corporation
9911 Inglewood Avenue, Suite 200
Inglewood, CA 90301-3600

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

Dear Ms. Rodriguez:

In your letter dated December 12, 2001, on behalf of your client, Westco Fine Ingredients, Inc., you requested a tariff classification ruling.

The subject product, Melatonin, is defined in the 28th edition of Dorland’s Illustrated Medical Dictionary as “[a] hormone synthesized by the pineal gland that produces lightening of the dermal pigmentation in adult amphibians . Secretion increases duuring exposure to light; in mammals it influences hormone production and in many species regulates seasonal changes such as reproductive pattern and fur color. In humans it is implicated in the regulation of sleep, mood, puberty, and ovarian cycles.”

The applicable subheading for Melatonin, imported in bulk form, will be 2937.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Hormones, prostaglandins, thromboxanes and leukotrienes, natural or reproduced by synthesis; derivatives and structural analogues thereof, including chain modified polypeptides, used primarily as hormones: 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.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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