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NY J85262





June 26, 2003

CLA-2-32:RR:NC:2:236 J85262

CATEGORY: CLASSIFICATION

TARIFF NO.: 3203.00.8000

Virginia Sullavan Canter
Samuel Shapiro & Company, Inc.
Customs Brokers/International Freight Forwarders World Trade Center
Baltimore, MD 21202

RE: The tariff classification of AstaXin® from Mexico and the United Kingdom

Dear Ms. Canter:

In your letter dated May 30, 2003, you requested a tariff classification ruling on behalf of your client, Igene Biotechnology, Inc.

No sample was provided with your request. The information you provided with your binding ruling request indicates the AstaXin® is a dried yeast product which is a natural source of astaxanthin, a pigment which imparts the characteristic red color to the flesh of salmon, trout, and other aquatic species.

The applicable subheading for the AstaXin® will be 3203.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically defined; preparations as specified in note 3 to this chapter based on coloring matter of vegetable or animal origin: Other. The rate of duty will be 3.1 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 Deborah Walsh at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director,

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