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NY N016333




February 1, 2008

CLA-2-35:OT:RR:NC:N2:236

CATEGORY: CLASSIFICATION

TARIFF NO.: 3504.00.5000

Mr. Michael R. Shoule
JW Hampton Jr. & Co Inc.
161-15 Rockaway Blvd, Room 304
Jamaica, NY 11434

RE: The tariff classification of Cynatine FLX LQ, Cynergy NK LQ, Cynergy TK (CAS# 69430-36-0) and Cynatine FLX, Cynergy NK, (CAS# 68238-35-7) from New Zealand

Dear Mr. Shoule:

In your letter dated August 28, 2007 on behalf of your client Roxlor LLC you requested a tariff classification ruling. The samples which you submitted were forwarded to the Customs and Border Protection laboratory for analysis.

In your letter you state that all of the products are keratin a protein which is extracted from sheep’s wool. Cynatine FLX LQ, Cynergy NK LQ and Cynergy TK are liquids and Cynatine FLX and Cynergy NK are in powder form. The powder products will be packed in 5 KG bulk poly bags packaged in boxes and the liquids will be packed in 5 to 25 KG bulk drums or bottles.

The applicable subheading for the Cynatine FLX LQ, Cynergy NK LQ, Cynergy TK, Cynatine FLX and Cynergy NK, will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other. The rate of duty will be 4 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/.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at: www.fda.gov.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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