CLA-2-35:OT:RR:NC:N2:237

Mr. Kevin J. Strattan
Director of Operations
CTD Holdings, Inc.
14120 NW 126th Terrace
Alachua, Florida 32615

RE: The tariff classification of certain hydroxypropyl beta-cyclodextrin (CAS-128446-35-5) and methylated beta-cyclodextrin (CAS-128446-36-6) etherified starches from China, Germany, Hungary, Japan and France.

Dear Mr. Strattan:

In your letter dated March 22, 2013 you requested a tariff classification ruling. You provided a Chemical Abstract Numbers and technical information for our review.

Two products are specifically named as hydroxypropyl beta-cyclodextrin (CAS-128446-35-5) and methylated beta-cyclodextrin (CAS-128446-36-6) each with a reducing sugar content of less than 10 percent. The products are described as cyclodextrin derivatives produced by enzymatic conversion of potato starch into dextrin which is then chemical modified (by etherification). The products will be imported as raw materials for use in research and development, in scientific studies and in diagnostic test kits.

The applicable subheading for hydroxypropyl beta-cyclodextrin (CAS-128446-35-5) and methylated beta-cyclodextrin (CAS-128446-36-6) etherified starches will be 3505.10.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Dextrins and other modified starches (for example, pregelatinized or esterified starches). This provision also covers etherified starches which include those containing hydroxyethyl, hydroxypropyl or carboxymethyl groups. The rate of duty will be 0.7 cents per kilogram.

This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. Information on the Bioterrorism Act can be obtained by calling FDA at (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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,

Thomas J. Russo
Director
National Commodity Specialist Division