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NY N025494

April 8, 2008



TARIFF NO.: 2922.50.5000

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

RE: The tariff classification of L-Threonine (CAS # 72-19-5) from China

Dear Mr. Chivini:

In your letter dated March 19, 2008 you requested a tariff classification ruling.

The subject product, L-Threonine also known as 2-amino-3-hydroxybutyric acid is an amino acid. It is used as an additive in animal feed and will be imported in bulk form. You indicate in your letter, the imported product is subject to special tariff treatment with a duty rate of “Free” as provided for in the Agreement on Trade in Pharmaceutical Products. General Note 13 states that whenever a rate of duty of "Free" followed by the symbol "K" in parentheses appears in the "Special" subcolumn for a tariff provision, products classifiable in such provision shall be entered free of duty, provided that such product is listed in the Pharmaceutical Appendix. However, as the L-threonine is not listed in the Appendix, it is not eligible for duty–free treatment.

The applicable subheading for the L-Threonine in bulk form, (CAS 72-19-5) will be 2922.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for amino-alcohols-phenols, amino-acid-phenols and other amino-compounds with oxygen function: other. The duty rate will be 6.5 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 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 Paul Hodgkiss at 646-733-3046.


Robert B. Swierupski

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