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NY R03597

April 5, 2006

CLA-2-84:RR:NC:1:104 R03597


TARIFF NO.: 3913.10.0000

Ms. Senta Schreiber
BDG International Inc.
840 Tollgate Rd.
Elgin, IL 60123

RE: The tariff classification of Manucol Ester B from the Netherlands

Dear Ms. Schreiber:

In your letter dated March 29, 2006 on behalf of Sudmo North America you requested a tariff classification ruling.

Your request lists four items: the INPACK 2000 Sampling Device (ISD), the Sample Bottle Filler (SBF), the Flasher Head (FFH) and Manucol Ester B (MEB). The Manucol Ester B (MEB) is said to be a food-grade propylene glycol alginate used at low levels.

The applicable subheading for the Manucol Ester B (MEB) will be 3913.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: Alginic acid, its salts and esters. The duty rate will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the balance of the items in your request. Your request for a classification ruling should include a detailed description of the method of operation for each of the remaining items, i.e., the INPACK 2000 Sampling Device (ISD), the Sample Bottle Filler (SBF) and the Flasher Head (FFH). Also submit operator’s manuals and technical specifications for each unit.

Does the INPACK 2000 Sampling Device (ISD) operate on the lines of a pipette system? If not, how does it differ? Does it perform any type of analysis? Device is said to be used in combination with a DO Meter. Include information on this meter. How does the meter work and what is it measuring? Does the Sample Bottle Filler (SBF) merely fill bottles or does it also perform an analysis of the sample? Does the Flasher Head (FFH) act like a pump by introducing and blending foam concentrate into a flow of water to create foam? Does it incorporate a mixing head, nozzles or valves? Do these units contain any refrigerating or freezing elements? How are they powered – e.g., electrically, hydraulically, pneumatically, etc.? Do they have their own power source or do they derive their power from another machine?

When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.

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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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