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NY I84411

July 26, 2002

CLA-2-29:RR:NC:2:238 I84411


TARIFF NO.: 2939.99.0000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089

RE: The tariff classification of Theobromine (CAS-83-67-0), imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated July 10, 2002, you requested a tariff classification ruling.

According to Dorland’s Illustrated Medical Dictionary (29th ed.), the subject product, Theobromine, is “[o]ne of the methylxanthines, a white crystalline alkaloid found in cocoa or made synthetically from xanthine. It has physiologic properties similar to those of caffeine, and is used as a diuretic, smooth muscle relaxant, myocardial stimulant, and vasodilator. Derivatives such as t. calcium salicylate, t. sodium acetate, t. sodium salicylate, t. sodium formate, and t. salicylate are available for use.”

The applicable subheading for Theobromine, imported in bulk form, will be 2939.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other: Other.” 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 646-733-3033.


Robert B. Swierupski

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