CLA-2-29:OT:RR:NC:N3:140
Mr. Ken Huang
East-West Associates Inc.
13875 Cerritos Corporate Drive
Cerritos, California 90703
RE: The tariff classification of Apigenin, Asiaticoside and Daidzein from China
Dear Mr. Huang:
In your letter dated July 13, 2021, you requested a tariff classification ruling on behalf of your client, Green Wave Ingredients Inc.
The subject merchandise consists of the following three products:
Apigenin is stated to be a light-yellow powder packaged in drum. The CAS # of this product is 520-36-5. It consists of 98% apigenin, 1% water, and 1% ash. It is known by the chemical name 5,7-Dihydroxy-2-(4-hydroxyphenyl)-4H-chromen-4-one.
Asiaticoside is stated to be a white powder packaged in drum. The CAS # of this product is 16830-15-2. It consists of 100% Centella Asiatica Extract. The product composition statement provided shows it consists of 40 % Asiaticoside. We note that there is no breakdown of the other 60 % of the product’s ingredients.
Daidzein is stated to be a white powder packaged in drum. The CAS # of this product is 486-66-8. It consists of 98% Daidzein, 1 % water, and 1% ash. It is also known as 4',7-Dihydroxyisoflavone. Daidzein is a member of the class of 7-hydroxyisoflavones that is 7-hydroxyisoflavone substituted by an additional hydroxy group at position 4'. It has a role as an antineoplastic agent, a phytoestrogen, a plant metabolite, an (alpha-glucosidase) inhibitor and in DNA-directed DNA polymerase.
You provided a chemical production flowchart for each product. Apigenin and Daidzein, each appear to consist of a pure chemical compound, derived from a purified extract. Samples were not submitted with your request. For purposes of this ruling letter those two products are assumed to be a chemically pure organic compound, containing impurities, allowed by Chapter 29 Note 1.
The applicable subheading for the Apigenin and Daidzein will be 2932.20.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Heterocyclic compounds with oxygen hetero-atom(s) only: Lactones: Other: Aromatic: Other: Other: Products described in additional U.S. note 3 to section IV. The rate of duty will be 6.5 percent ad valorem.
We cannot provide a classification for the Asiaticoside with the information that was submitted.
We need additional information to issue a ruling. You would need to submit a new ruling request for that product. For the Asiaticoside please submit the information described below:
Descriptive literature or a detailed explanation on the use of the item(s).
100 percent breakdown of all component materials by percentage by weight.
Chemical analysis and flow charts for each component and the CAS number for each component.
These products may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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