The tariff classification of powdered anhydrous caffeine (CAS-58-08-2) imported in bulk form, from China

N090247 January 25, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2939.30.0000 Mr. Ronald C. Stasch 514 Cliff Street D Santa Cruz, CA 95060 RE: The tariff classification of powdered anhydrous caffeine (CAS-58-08-2) imported in bulk form, from China Dear Mr. Stasch: In your letter dated December 8, 2009, you requested a tariff classification ruling. The subject product, powdered anhydrous caffeine, is a naturally occurring alkaloid commonly found in tea leaves, coffee beans, cocoa beans, maté leaves, kola nuts and guarana paste. It acts as a central nervous system (CNS) stimulant. You state in your letter, the product will be imported from a Chinese manufacturer and will be repacked ready for retail distribution. The applicable subheading for the powdered anhydrous caffeine imported in bulk form will be 2939.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Caffeine and its salts.” The rate of duty will be free. 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division