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NY R00899




December 17, 2004

CLA-2-29:RR:NC:2:240 R00899

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.30.9000; 2925.20.9000

Mr. John Hanson
MBC Brokers Inc.
2905A No. Sepulveda Blvd. # 303
Manhattan Beach, CA 90266-2729

RE: The tariff classification of Alpha Ketoglutaric Acid, CAS # 328-50-7, L-Arginine Alpha-Ketoglutarate (1:1), CAS # 16856-18-1 and L-Arginine Alpha-Ketoglutarate (2:1), CAS # 5256-76-8, imported in bulk form, from China

Dear Mr. Hanson:

In your letter dated October 5, 2004 you requested a tariff classification ruling on behalf of your client Longma Inc.

The subject products, L-Arginine Alpha-Ketoglutarate (1:1), also known as L-Arginine, 2-oxopentanedioate (1:1) and L-Arginine Alpha-Ketoglutarate (2:1), also known as L-Arginine, 2-oxopentanedioate (2:1), are chemically defined nonaromatic imine compounds. Products are indicated for use as dietary supplements. Alpha Ketoglutaric Acid, also known as Pentanedioic acid, 2-oxo-, is a nonaromatic carboxylic acid with other oxygen function (ketone). Product is indicated for use to increase basal metabolic rate and help the body retain muscle.

The applicable subheading for Alpha Ketoglutaric Acid will be 2918.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with aldehyde or ketone function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other.. The rate of duty will be 3.7 percent ad valorem. The rate of duty in 2005 will remain the same.

The applicable subheading for L-Arginine Alpha-Ketoglutarate (1:1) and L-Arginine Alpha-Ketogularate (2:1) will be 2925.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imines and their derivatives; salts thereof: Other: Other.. The rate of duty will be 3.7 percent ad valorem. The rate of duty in 2005 will remain the same.

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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