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NY I81846





June 12, 2002

CLA-29-2:RR:NC:2:240 I81846

CATEGORY: CLASSIFICATION

TARIFF NO.: 2916.19.1000; 2916.19.2000; 2917.19.1500

Ms. Kathy Lin
ProFood International, Inc.
P.O. Box 4378
Lisle, IL 60532-9378

RE: The tariff classification of Sorbic acid (CAS # 110-44-1), Potassium sorbate (CAS # 590-00-1) and Fumaric acid (CAS # 110-17-8), imported in bulk form, from China

Dear Ms. Lin:

In your letter dated May 1, 2002, you requested a tariff classification ruling.

Sorbic acid and Potassium sorbate are unsaturated acyclic monocarboxylic acids. Fumaric acid, derived from benzene-maleic acid, is an acyclic polycarboxylic acid.

The applicable subheading for Potassium sorbate, also known as 2,4-Hexadienoic acid, potassium salt, will be 2916.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Unsaturated acyclic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Potassium sorbate.. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for Sorbic acid, also known as 2,4-Hexadienoic acid, (2E,4E)-, will be 2916.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Unsaturated acyclic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Sorbic acid.. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for Fumaric acid, also known as 2-Butenedioic acid (2E)-, will be 2917.19.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Fumaric acid: Derived in whole or in part from aromatic hydrocarbons.. The rate of duty will be 9.2 percent ad valorem.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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