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NY J86439





August 8, 2003

CLA-2-29:RR:NC:2:240 J86439

CATEGORY: CLASSIFICATION

TARIFF NO.: 2902.19.0050; 3301.90.5000
Mr. Scott McMillan
Cedarome Canada Inc.
3650 boul, Matte
Bureau E-22
Brossard (Quebec)
Canada J4Y 2Z2

RE: The tariff classification of orange terpenes and d-limonene CAS 5989-27-5 from Canada

Dear Mr. McMillan:

In your letter dated June 18, 2003 you requested a tariff classification ruling. We sent your samples to our laboratory for analysis. We apologize for the delay.

The orange terpenes are produced from the production of orange essential oil. The orange terpenes are a product of the deterpenation of orange oil during the distillation of the essential oil. These terpenes are terpenic by-products separated from the orange essential oil by fractional distillation or other processes.

D-limonene, CAS 5989-27-5, a colorless liquid with an aroma of orange, is a cycloterpene, also known as 1-methyl-4-cyclohexane. The d-limonene is produced from the distillation of orange essential oils.

The applicable subheading for d-limonene will be 2902.19.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Cyclic hydrocarbons: Cyclanes, cyclenes and cycloterpenes: Other. The rate of duty will be free.

The applicable subheading for orange terpenes will be 3301.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: Other: Other. The rate of duty will be free

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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