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NY L81286





January 12, 2005

CLA-2-38:RR:NC:2:239 L81286

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Mr. Milton Hamburger
PhibroChem
One Parker Plaza
Fort Lee, NJ 07024

RE: The tariff classification of “Levure” from Japan.

Dear Mr. Hamburger:

In your letter dated December 7, 2004, you requested a tariff classification ruling for “Levure” which you have stated will be used as a whitening agent in cosmetics. The product is composed of yeast extract, butylene glycol, methyl paraben, and water.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores: chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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