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NY J80292




February 3, 2003

CLA-2-29:RR:NC:2:238 J80292

CATEGORY: CLASSIFICATION

TARIFF NO.: 2939.30.0000

Ms. Kathy Lin
ProFood International, Inc.
40 Shuman Boulevard, Suite 160
Naperville, IL 60563

RE: The tariff classification of Caffeine (Anhydrous) (CAS-58-08-2), imported in bulk form, from China

Dear Ms. Lin:

In your letter dated January 23, 2003, you requested a tariff classification ruling.

The subject product, Caffeine (anhydrous), is a naturally occurring alkaloid commonly found in tea leaves, coffee beans, cocoa beans, maté leaves, kola nuts and guarana paste. It acts as a central nervous system (CNS) stimulant.

The applicable subheading for Caffeine (Anhydrous), imported in bulk form, will be 2939.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Caffeine and its salts.” 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 tariff classification ruling on Magnesium Oxide, USP 24, F.C.C., we require the submission of a flow chart indicating the exact method by which this product is produced. Every step in the process should be delineated, including the precise chemical or mineral name for each component used at each stage in the processing. In addition, at each step, please indicate whether the material used is a natural mineral or a synthetic chemical, as well as all molecular changes that take place at each stage in the processing of this product. Finally, we require a sample of the merchandise (at least eight ounces). With respect to your request for a tariff classification ruling on Bleached Bamboo Pulp, we require an explanation of all the steps undertaken in the derivation of this pulp. In addition, please indicate how this product will be used after importation. Finally, we require a one-pound sample of this product.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, mail it to U.S. Customs, Customs Information Exchange, 11th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions, contact National Import Specialist Harvey Kuperstein at 646-733-3033.

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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