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NY L86773




November 29, 2005

CLA-2-38:RR:NC:2:239 L86773

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800

Mr. Douglas Lazarus
Surazal Qua Non, Inc.
140 Charles River Road
Watertown, MA 02472

RE: The tariff classification of Bitter Extract Melon 15% from China.

Dear Mr. Lazarus:

In your letter dated July 27, 2005, you requested a tariff classification ruling. We regret the delay in responding.

The subject product is described as a powdered extract obtained from the dried fruit of bitter melon (Momordica charantia). According to the Certificate of Analysis, the product contains not less than (NLT) 15% Charantin which, according to an article (supplied by you) from the May 2002 Journal of Peptide Research, is “a peptidewith a molecular mass of 9.7 kDaisolated from bitter gourd seeds.” The supplied flow chart shows that the extracted solution (i.e., the initial extract) is filtered by high-velocity centrifugation, followed by adsorption of the filtrate by an adsorption resin, elution by grain alcohol, and collection of “the useful part.” With respect to the aforementioned procedures, you state in your letter that, “The manufacturer told me that this is the method that will increase the charantin content, that if the powder is dried after ethanol extraction, the charantin content will not reach 15%.” In light of the chromatographic processing (i.e., adsorption of the filtrate by an adsorption resin, elution by grain alcohol, and collection of “the “useful part”) performed on the extracted solution (i.e., the initial extract), it is our determination that the subject product does not qualify for classification under heading 1302, HTS, as a vegetable extract.

The applicable subheading will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 6.5 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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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