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NY M82915




April 27, 2006

CLA-2-29:RR:NC:2:238 M82915

CATEGORY: CLASSIFICATION

TARIFF NO.: 2936.28.0000

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

RE: The tariff classification of (±)-α-Tocopheryl acetate (CAS-7695-91-2), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated April 12, 2006, you requested a tariff classification ruling.

The subject product, (±)-α-Tocopheryl acetate (also known as dl-α-Tocopherol acetate) is the acetate salt of dl-α-Tocopherol, one of the four racemates making up α-Tocopherol, the most bioactive of the naturally occurring forms of Vitamin E.

The applicable subheading for (±)-α-Tocopheryl acetate (also known as dl-α-Tocopherol acetate) will be 2936.28.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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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