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NY N008645




May 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800

Ms. Kathleen M. McGuire
Toyota Tsusho America, Inc.
1300 Post Oak Blvd., Suite 1850
Houston, TX 77056

RE: The tariff classification of Apple Phenon (CAS 250580-65-5), Apple Phenon 50 (CAS 411221-56-2), and Apple Phenon SH (CAS 481649-62-1) from Japan

Dear Ms. McGuire:

In your letter dated March 20, 2007, you requested a tariff classification ruling for the above products which are all polyphenols containing apple extract. Information submitted with your inquiry indicates that the three products contain apple procyanidins, other polyphenols, and a small amount on nonpolyphenols used as ingredients in cosmetic products. The manufacturing flow chart indicates that the products are manufactured through a process that isolates and enhances the concentration of procyanidins and other polyphenols.

The applicable subheading for all three products will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared binders 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: other: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 6.5 percent ad valorem.     

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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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