CLA-2-29:OT:RR:NC:N3:140
Mr. Ken Huang
East West Associates Inc.
13875 Cerritos Corporate Drive STE A
Cerritos, California 90703
RE: The tariff classification of Luteolin, and Genistein from China
Dear Mr. Huang:
In your letter dated May 26, 2021, you requested a tariff classification ruling on behalf of your client, Green Wave Ingredients Inc.
The imported merchandise under review are two chemical products:
Item 1) Luteolin (CAS # 491-70-3) which is started to be a yellow powder with country of origin, China. The CAS# is 491-70-3. This product is an antiseptic, and coloring for food, and is also indicated to be used as a health care product. It is indicated as being imported in bulk, 25 kg containers.
Item 2) Genistein (CAS # 446-72-0) which is stated to be a white powder with country of origin, China. The CAS # is 446-72-0. This product is used in the production of health care products, as well as beauty care products. It is indicated as being imported in bulk, 25 kg containers.
The applicable subheading for Luteolin (CAS # 491-70-3), if imported in chemically pure form, will be 2932.99.6100, which provides for: “Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI.” The general column one rate of duty is 6.5% ad valorem.
The applicable subheading for Genistein (CAS # 446-72-0), if imported in chemically pure form, will be 2932.99.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other aromatic heterocyclic compounds with oxygen hetero-atom(s) only. The rate of duty will be 6.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 2932.99.7000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to the correct subheading.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 the World Wide Web at https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division