The tariff classification of Silymarin and Chondroitin Sulfate, imported in bulk form, from China

N055205 March 31, 2009 CLA-2-29:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 2932.99.6100; 3001.90.0190 Mr. Hobyung Yi Ted T. Kim d/b/a Express Customhouse Broker 144-45 156th Street, 2nd Floor Jamaica, NY 11434 RE: The tariff classification of Silymarin and Chondroitin Sulfate, imported in bulk form, from China Dear Mr. Yi: In your letter dated March 19, 2009, you requested a tariff classification ruling. The first product, Silymarin, is a natural mixture of isomers obtained from the milk thistle weed. The submitted Certificates of Analysis describe it as a Milk Thistle Powder Extract of up to 80% Silymarin with other naturally occurring isomers. It is more fully described in HQ Rulings 967971 and 961972 of March 2, 2006. According to the Certificate of Analysis submitted, the second product, Chondroitin Sulfate, was obtained from animal sources. Pursuant to HQ 967971 and 967972, the applicable subheading for Silymarin imported in bulk form will be 2932.99.6100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem. Pursuant to Slip Opinion (“Slip Op.”) 05-48, issued by the U.S. Court of International Trade on April 13th, 2005, the applicable subheading for Chondroitin Sulfate, imported in bulk form, will be 3001.90.0190, HTSUS, which provides for “Glands and other organs for organotherapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organotherapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: Other: Other.” The rate of duty will be free.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. 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division