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NY N024943





March 27, 2008

CLA-2-32:OT:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.19.3500

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

RE: The tariff classification of Beta Carotene (CAS-7235-40-7) in bulk form, from China

Dear Mr. Chivini:

In your letter dated March 10, 2008, you requested a tariff classification ruling.

The subject product, Beta Carotene, is a carotenoid, and, according to your letter submitted, it will be used as a pharmaceutical intermediate.

The applicable subheading for the Beta Carotene in bulk form, will be 3204.19.3500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Synthetic organic coloring matter, whether or not chemically defined Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter (con): Other, including mixtures of coloring matter of two or more of the subheadings 3204.11 to 3204.19: Other: Beta-carotene and other carotenoid coloring matter.” Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product is duty 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 product 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
Director,

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