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NY N013578




July 16, 2007

CLA-2-39:RR:NC:SP:237

CATEGORY: CLASSIFICATION

TARIFF NO.: 3913.90.2000

Mr. Milton Hamburger
Philbro Chem Division
65 Challenger Road, Third Floor
Ridgefield Park, New Jersey 07660

RE: The tariff classification of polydextrose (CAS-68424-04-4) in powder form from China.

Dear Mr. Hamburger:

In your letter dated June 25, 2007 you requested a tariff classification ruling.

Polydextrose (CAS-68424-04-4) is a white, odorless, amorphous powder packaged in 25 kilogram net paper bags for use as a food additive in a nutritional product. Polydextrose is a water-soluble polysaccharide derivative of glucose. Polydextrose food additive has a molecular formula of (C6H10O5)n where n averages 12. Based on your Technical Data the product has a solubility index of 70% minimum and a pH index between 2.5 and 3.5. Polydextrose is a general purpose bulking agent, stabilizer, humectant and texturizer in food preparations.

The applicable subheading for polydextrose (CAS-68424-04-4) in powder form will be subheading 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: Other: Polysaccharides and their derivatives. The rate of duty will be 5.8% 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 merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by contacting the FDA at 5600 Fishers Lane Rockville, Maryland 20857, by telephone at (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This merchandise may also be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). Information on TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or at the website at www.epa.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 entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director,

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