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NY N005814




May 16, 2007

CLA-2-29:RR:E:NC:N2:235

CATEGORY: CLASSIFICATION

TARIFF NO.: 2922.49.8000; 2922.50.5000

Mr. James Fell
Facilities Manager
Doe & Ingalls of Florida, LCC
9940 Currie Davis Drive, Suite 133
Tampa, Florida 33619

RE: The tariff classification of metal chelates from Brazil.

Dear Mr. Fell:

In your letter dated January 22, 2007, you requested a tariff classification ruling.

Your ruling request concerns the classification of three chemical products as described below. The compounds are all metal chelates which are co-ordination compounds.

The first compound, which your letter and literature supplied indicate as Magnesium Bis-(glycinate), is also known as Magnesium BioMetal (CAS # 14783-68-7). It is a chelate formed by ionic and covalent bonds, between the carboxyl and the amine groups from glycine, and the atom of magnesium in a stoichiometric ratio of 2:1. Literature provided with your request states that the product will be used as an ingredient of pharmaceuticals, dietary supplements, sports and nutritional drinks, health bars, functional foods, chewable gums and value added baked goods.

The second compound, which your letter and literature supplied indicate as Iron II, Mono-(glycinate) - mono gluconate, is also known as Iron BioMetal. It is a stable chelate formed by ionic and covalent bonds between the carboxyl, amine and hydroxyl groups of glycine and gluconic acid and the atom of iron in a stoichiometric ratio of 2:1. Literature provided with your request states that the product will be used as an ingredient in pharmaceutical, cosmeceutical and food formulations of solid, suspension, and liquid forms.

The third compound, which your letter and literature supplied indicate as Calcium Bis-(glycinate) is also known as Calcium BioMetal (CAS # 56960-17-9). It is a chelate formed by ionic and covalent bonds between the carboxyl and the amine groups from glycine and the atom of calcium in a stoichiometric ratio of 2:1. Literature provided with your request states that the product will be used as a calcium supplement in pharmaceuticals, sports and nutritional drinks, bars, functional foods, gums, baked goods and dairy products.

According to the Note 5 (C) (3) of Chapter 29 of the Harmonized Tariff Schedule of the United States (2007), “Co-ordination compounds, other than products classifiable in subchapter XI or heading 2941, are to be classified in the heading which occurs last in numerical order in chapter 29, among those appropriate to the fragments formed by “cleaving” of all metal bonds, other than metal-carbon bonds.”

Accordingly the applicable subheadings for the Magnesium Bis-(glycinate) also known as Magnesium BioMetal (CAS # 14783-68-7), and the Calcium, Bis-(glycinate) also known as Calcium BioMetal listed above will be 2922.49.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for : Oxygen-function amino-compounds: Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Other: Other: Other: The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Iron II, Mono-(glycinate)-mono gluconate, also known as Iron BioMetal listed above will be 2922.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for : Amino-alcohol-phenols, amino-acid-phenols and other amino-compounds with oxygen function: Other. The general rate of duty will be 6.5 percent ad valorem.

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.

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 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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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