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April 4, 1999

CLA-2-29:RR:NC:2:238 D88971


TARIFF NO.: 2936.26.0000

Ms. Dixie M. Sager
Ashland Chemical Company
P.O. Box 2219
Columbus, OH 43216

RE: The tariff classification of Dibencozide (CAS No. 13870-90-1), imported in bulk form, from Spain

Dear Ms. Sager:

In your letter dated March 5, 1999, you requested a tariff classification ruling.

The subject product, Dibencozide, is found in the Merck Index under the name, “Cobamamide,” and has the following Chemical Abstracts name: Cobinamide, 3' -ester with 5,6-dimethyl-1- -D-ribofuranosylbenzimidazole, Co-(5'-deoxyadenosine-5') deriv., hydroxide, dihydrogen phosphate (ester), inner salt. The Merck Index characterizes the subject product as a coenzyme that constitutes the “[m]etabolically active form of Vitamin B12,” differing from Vitamin B12 “[b]y the presence of a 5'-deoxyadenosyl group in the axial ligand occupied by the cyanide in the vitamin.” You indicate in your letter that the subject product is intended for use in the manufacture of human dietary supplements.

The applicable subheading for the subject product will be 2936.26.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[V]itamin B12 (Cyanocobalomin and related compounds with Vitamin B12 activity) and its derivatives.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

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 Harvey Kuperstein at 212-637-7068.


Robert B. Swierupski

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