CLA-2-29:RR:NC:2:240 G88846
Ms. Kathy Lin
ProFood International, Inc.
P.O. Box 4378
Lisle, IL 60532-9378
RE: The tariff classification of (+)-L-Tartaric acid (CAS # 87-69-4), L-Malic acid (CAS # 97-67-6), DL-Malic Acid (CAS # 617-48-1), L-Aspartic Acid (CAS # 56-84-8) and Fumaric acid (CAS # 110-17-8) from China
Dear Ms. Lin:
In your letter dated March 12, 2001, you requested a tariff classification ruling.
The applicable subheading for (+)-L-Tartaric acid, also known as Butanedioic acid, 2,3-dihydroxy- [R-(R*,R*)]-, will be 2918.12.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Tartaric acid….. The rate of duty will be free.
The applicable subheading for L-Malic acid, also known as Butanedioic acid, hydroxy-,
(S)-, and DL-Malic acid, also known as Butanedioic acid, hydroxy-, (±)-, will be 2918.19.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Malic acid….. The rate of duty will be 4 percent ad valorem.
The applicable subheading for L-Aspartic Acid, also known as (S)-Aminobutanedioic acid, will be 2922.49.4015, 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: Other: Other: Amino acids….. L-Aspartic acid….. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty.
Your inquiry does not provide enough information to give a classification ruling on Fumaric acid. Is the product derived in whole or in part from benzene or other aromatic hydrocarbons? Also, please supply a flow chart showing the manufacturing process including the starting materials from the manufacture of the maleic acid.
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 Stephanie Joseph at 212-637-7066.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division