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NY F81928

February 8, 2000

CLA-2-29:RR:NC:2:238 F81928


TARIFF NO.: 2905.49.3000; 2936.28.0000; 2936.22.0000; 3913.90.2050; 2932.29.5030

Ms. Kathy Lin
ProFood International, Inc.
P.O. Box 4378
Lisle, IL 60532-9378

RE: The tariff classification of Xylitol (CAS-87-99-0); dl-á-Tocopherol (CAS-2074-53-5); Thiamine Hydrochloride (CAS-67-03-8); Xanthan Gum (CAS-11138-66-2); and Sodium Erythorbate (CAS-6381-77-7), all imported in bulk form, from China

Dear Ms. Lin:

In your letter dated January 5, 2000, you requested a tariff classification ruling.

The first product, Xylitol, is an optically inactive sugar. It is often used as a sugar substitute in diabetic diets.

The second product, dl-á-Tocopherol, is the dl-form of á-tocopherol, which is commonly known as Vitamin E.

The third product, Thiamine Hydrochloride, is the hydrochloride salt of thiamine, which is commonly known as Vitamin B1.

The fourth product, Xanthan Gum, is a polysaccharide gum produced by the bacterium, Xathomonas campestris. It is principally used in foods, non-foods, and cosmetics as a stabilizer and emulsifying agent.

The fifth product, Sodium Erythorbate, is a non-aromatic lactone (cyclic ester). It is used as an antioxidant and preservative.

The applicable subheading for Xylitol will be 2905.49.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other polyhydric alcohols: Other: Other: Polyhydric alcohols derived from sugars: Xylitol." The rate of duty will be free. The applicable subheading for dl-á-Tocopherol, imported in bulk form, will be 2936.28.0000, HTS, which provides for: “Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives.” The rate of duty will be free.

The applicable subheading for Thiamine Hydrochloride, imported in bulk form, will be 2936.22.0000, HTS, which provides for: “Vitamin B1 (Thiamine) and its derivatives.” The rate of duty will be free.

The applicable subheading for Xanthan Gum will 3913.90.2050, HTS, which provides for: “Polysaccharides and their dervatives: Other.” The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for Sodium Erythorbate will be 2932.29.5030, HTS, which provides for: “Heterocyclic compounds with oxygen hetero-atom(s) only: Lactones: Other lactones: Other: Sodium erythorbate (Sodium isoascorbate).” The rate of duty will be 3.7 percent ad valorem.

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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