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NY R02537




September 19, 2005

CLA-2-13:RR:NC:2:238 R02537

CATEGORY: CLASSIFICATION

TARIFF NO.: 1302.19.9040; 2939.99.0000

Mr. Narsh Zhu
Syntech (SSPF) Int’l., Inc.
310 Paseo Tesoro
Walnut, CA 91789

RE: The tariff classification of Citrus Aurantium Extract (6% Synephrine) and Citrus Aurantium Extract (10% - 95% Synephrine) from China

Dear Mr. Zhu:

In your letter dated September 6, 2005, you requested a tariff classification ruling.

The first product, for which a flow chart was actually submitted, consists of a powdered extract, obtained from the immature dried fruit of Citrus Aurantium L. (commonly known as “bitter orange”), stated to contain 6% synephrine (a naturally occurring alkaloid), by weight. According to the flow chart, the dried fruit is selected and washed, extracted with ethanol, and dried (after recovery of the ethanol solvent). You indicate that the product will be imported as a raw material for use in the formulation of dietary supplements.

The second set of products, for which a flow chart was actually submitted, consists of a group of powdered extracts (also obtained from the immature dried fruit of Citrus Aurantium L.) stated to contain different concentrations, ranging from 10% to 95% (by weight), of Synephrine. According to the flow chart, the production of these products results from the further processing of the extract containing 6% Synephrine (i.e., the first product described above), as follows: “Dilute (the 6% Synephrine extract) with water → adjust pH to 3.5-4 (Repeat Processing) → absorb with resin → NH4OH release absorption → condense by reducing air pressure → dry <10-95% synephrine>.” Like the first product, the second set of products will also be imported as raw materials for use in the formulation of dietary supplements..

Based on the submitted flow chart, the applicable subheading for Citrus Aurantium Extract (6% Synephrine) will be 1302.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for “Vegetable saps and extracts: Other: Other: Other:. The rate of duty will be free.

Based on the submitted flow chart, and pursuant to note 1(a) to Chapter 29, HTS, and Part “A” of the General Explanatory Notes to Chapter 29, HTS, it is our determination that the second group of products, stated to contain different concentrations, ranging from 10% to 95% (by weight), of Synephrine, meet the criteria for inclusion within Chapter 29, HTS, as separate chemically defined compounds; specifically, each as an unmixed alkaloid (i.e., Synephrine). Accordingly, the applicable subheading for the powdered extracts stated to contain different concentrations, ranging from 10% to 95% (by weight), of Synephrine, will be 2939.99.0000, HTS, which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Other.” The rate of duty will be free.

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 1-888-463-6332.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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