CLA-2-29:OT:RR:NC:N1:240
Mr. Timothy Park
B&H Custom Services Inc.
147-19 Springfield Lane #A
Jamaica, New York 11413
RE: The tariff classification of L-Lysine monohydrochloride, (CAS 657-27-2) from South Korea.
Dear Mr. Park:
In your letter dated November 13, 2015, you requested a tariff classification ruling on behalf of Daesang America Inc.
In your request letter you indicate two different formulations of Lysine will be imported. They are as follows:
1) L-Lysine Monohydrochloride. (CAS #657-27-2) This chemical meets the requirements of food chemical codex, Codex Alimentarius or US Pharmacopeia.
(2) L-Lysine Monohydrochloride. (CAS #657-27-2) This chemical does not meet the requirements of food chemical codex, Codex Alimentarius or US Pharmacopeia.
You requested classifications determination of both items, and if they are eligible for duty free treatment pursuant to General Note 13, HTSUS.
The applicable subheading for L-Lysine Monohydrochloride, which meets the requirements of the food chemical codex, Codex Alimentarius or US Pharmacopeia will be 2922.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for amino-acids and their esters, other than those containing more than one kind of oxygen function; salts thereof: lysine and its esters; salts thereof: meeting requirements of Food Chemical Codex, Codex Alimentarius or United States Pharmacopeia. The rate of duty will be 3.7 Percent.
The applicable subheading for L-Lysine Monohydrochloride, which does not meet the requirements of food chemical codex, Codex Alimentarius or US Pharmacopeia., will be 2922.41.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for amino-acids and their esters, other than those containing more than one kind of oxygen function; salts thereof: lysine and its esters; salts thereof: other. The rate of duty will be 3.7 Percent.
With regards to you inquiry about the products applicability to General Note 13; The HTSUS, provides as follows:
Whenever a rate of duty of "Free" followed by the symbol "K" in parentheses appears in the "Special" sub-column for a heading or subheading, any product (by whatever name known) classifiable in such provision which is the product of a country eligible for tariff treatment under column 1 shall be entered free of duty, provided that such product is included in the pharmaceutical appendix to the tariff schedule. Products in the pharmaceutical appendix include the salts, esters and hydrates of the International Non-proprietary Name (INN) products enumerated in table 1 of the appendix that contain in their names any of the prefixes or suffixes listed in table 2 of the appendix, provided that any such salt, ester or hydrate is classifiable in the same 6-digit tariff provision as the relevant product enumerated in table 1.
Per headquarters ruling HQ H091978 it was indicated that:
“Lysine was deleted from the pharmaceutical appendix by the Annex to Presidential Proclamation 6982. See Proclamation No. 6982, 64 Fed. Reg. 16,041 (April 1, 1997). Lysine is thus no longer subject to duty free treatment pursuant to GN 13.” The instant product is therefore not eligible for the reduced duty rate subject to General Note 13.
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 Paul Hodgkiss at (646) 733-3268 or via email at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division