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NY K88093




August 24, 2004
CLA-2-29:RR:NC:2:240 K88093

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.19.9000

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

RE: The tariff classification of S-(+)-2-Hydroxy-3-methylbutyric acid, CAS # 17407-55-5, imported in bulk form, from Germany

Dear Mr. Chivini:

In your letter dated July 13, 2004 you requested a tariff classification ruling.

The subject product, S-(+)-2-Hydroxy-3-methylbutyric acid, is a nonaromatic carboxylic acid with additional oxygen function (alcohol) indicated for use as a pharmaceutical intermediate.

The applicable subheading for S-(+)-2-Hydroxy-3-methylbutyric acid, also known as (S)-(+)-2-Hydroxy-3-methylbutanoic acid, will be 2918.19.9000, 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: Other.. The rate of duty will be 4 percent ad valorem.

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 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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