CLA-2-29:OT:RR:NC:N3:140
TARIFF NO: 2922.49.4300
Andy Lee
D and A Customs Services Inc.
152 W Walnut St., Suite 260 Gardena, CA 90248
RE: The tariff classification and country of origin of Glycine, CAS No. 56-40-6.
Dear Mr. Lee:
In your letter dated May 29, 2024, on behalf of your client, U.S. Pharmatech Inc., you requested a classification and country of origin ruling on glycine. We referred the information provided to our laboratory for analysis. That review is now complete, and our determination is as follows.
CLASSIFICATION:
Glycine (CAS No. 56-40-6) is a nonessential amino acid also known as aminoacetic acid. You indicate that it will be used as a sweetener.
The applicable subheading for the glycine will be 2922.49.4300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Oxygen-function amino-compounds: Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Other: Other: Amino acids: Glycine (Aminoacetic acid). The rate of duty will be 4.2 percent ad valorem.
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 at https://hts.usitc.gov/.
COUNTRY OF ORIGIN:
You indicate that the glycine is manufactured in South Korea from magnesium bisglycinate (CAS No. 14783-68-7) sourced from China and hydrochloric acid (CAS No. 7647-01-0) sourced from South Korea.
You provided documentation on the manufacturing process in South Korea. Our Laboratory reviewed the submission and concluded that the processing performed in South Korea demonstrates that a chemical reaction occurs when an aqueous solution of magnesium bisglycinate is acidified by the addition of hydrochloric acid, producing glycine (CAS #56-40-6).
The "country of origin" is defined in 19 CFR 134.1(b) as "the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part."
The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character or use, different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 69 C.C.P.A. 151 (1982).
Based upon the information provided, it is the opinion of this office that the country of origin of the glycine will be South Korea.
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 (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], or by visiting their website at www.epa.gov.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Merari Ortiz at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division