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NY L87969




October 17, 2005

CLA-2-29:RR:NC:2:240 L87969

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.11.1000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, Illinois 60089

RE: The tariff classification of Lactic acid, CAS # 50-21-5, imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated September 27, 2005 you requested a tariff classification ruling.

The subject product, Lactic acid, is a carboxylic acid with an additional oxygen function (alcohol) indicated for use as a pharmaceutical intermediate.

The applicable subheading for Lactic acid, also known as Propanoic acid, 2-hydroxy-, will be 2918.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides peroxyacids and their derivatives: Lactic acid.. The rate of duty will be 5.1 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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