CLA-2-13:RR:NC:2:238 J87635
Mr. Him T. Tjhung
Frank T. Tjhung Associates, LLC
854 Parker Drive, Suite B
Florence, SC 29501
RE: The tariff classification of Agar (CAS-9002-18-0) and Carrageenan (CAS-9000-07-1), imported in powder form, from China, the Phillipines and Indonesia
Dear Mr. Tjhung:
In your letter dated July 25, 2003, you requested a tariff classification ruling.
The first submitted sample, which you refer to as “Agar-agar,” consists of a fine, beige-colored powder. According to The Merck Index, Thirteenth Edition, Agar (also known as Agar-agar, gelose, Japan agar, Bengal isinglass, Ceylon isinglass, Chinese isinglass, Japan isinglass and Layor Carang) is “[A] polysaccharide complex extracted from the agarocytes of the Rhodophyceae.” It is used as a “[S]ubstitute for gelatin, isinglass, etc. in making emulsions, including photographic, gels in cosmetics, and as thickening agent in foods esp. confectionaries and diary products; in meat canning; in production of medicinal encapsulations and ointments; as dental impression mold base; as corrosion inhibitor; sizing for silks and paper; in the dyeing and printing of fabrics and textiles; in adhesives. In nutrient media for bacterial cultures.” Ibid.
The second submitted sample, Carrageenan, consists of a fine, white powder. According to The Merck Index, Thirteenth Edition, Carrageenan (also known as Carrageen and Carrageenin) is a “[M]ixture of sulfated polysaccharides extracted from red seaweed (Rhodophyceae).” Carrageenan is used as a “[G]elling, emulsifying, and stabilizing agent and viscosity builder in foods and non-foods, but esp in milk or water systems.” Ibid.
The applicable subheading for Agar-agar will be 1302.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Mucilages and thickeners, whether or not modified, derived from vegetable products: Agar-agar.”. The rate of duty will be free.
The applicable subheading for Carrageenan will be 1302.39.0010, HTS, which provides for “Mucilages and thickeners, whether or not modified, derived from vegetable products: Other: Carrageenan.” The rate of duty will be 3.2 percent ad valorem.
This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.
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,
National Commodity
Specialist Division