CLA-2-39:OT:RR:E:NC:N2:237

Mr. John Hanson
MBC Brokers, Inc.
P. O. Box 1900
Manhattan Beach, CA 90267-1900

RE: The tariff classification of Deacetylated Chitosan (CAS-9012-76-4) from China.

Dear Sir:

In your letter dated May 6, 2009, on behalf of your client Brenntag, you requested a tariff classification ruling for Deacetylated Chitosan. You provided a Chemical Abstract Service inventory number (CAS-9012-76-4) for your product.

Deacetylated Chitosan is a natural polymer produced from the deacetylation of chitin. Chitin is derived from the exoskeletons of crustaceans such as crabs, shrimps, lobsters etc. CAS-9012-76-4 chemically categorizes the product as a polysaccharide. The product will be imported for use in water treatment systems.

Heading 3913, HTSUS, covers natural polymers and modified natural polymers, not elsewhere specified or included, in primary forms. In your letter, you suggested classification under subheading 3913.90.50, HTSUS, which covers other natural polymers and modified natural polymers. However, CAS-9012-76-4 identifies the product as a polysaccharide. Polysaccharides are more specifically covered by name under subheading 3913.90.20, HTSUS, which provides for: Polysaccharides and their derivatives.

Therefore, the applicable subheading for Deacetylated Chitosan (CAS-9012-76-4) will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers and modified polymers not elsewhere specified or included in primary forms; polysaccharides and their derivatives. The rate of duty will be 5.8%.

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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division