NY 859656

FEB 13 1991

CLA-2-13:S:N:N1:238 859656

Ms. Alice M. White
S.S.T. Corporation
635 Brighton Road (P.O. Box 1649)
Clifton, NJ 07015-1649

RE: The tariff classification of Silymarin a plant extract also known as silybin from Switzerland.

Dear Ms. White:

In your letter dated December 18, 1990 you requested a tariff classification ruling.

Silymarin also known as silybin is an antihepatotoxic principle that may be isolated from the fruit of Silybum marianum (L.), Gaertn (Carduus marianus L.) or it may be produced synthetically. The product is a flavonolignan that is used as a cosmetic ingredient, it also has some use in the treatment of liver dysfunction. The product will be imported as a single compound in bulk form. The applicable subheading for the Silymarin that is produced naturally will be 1302.19.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for Vegetable saps and extracts, other, Ginseng; Substances having anesthetic, prophylactic or therapeutic properties, other. The rate of duty will be 1.5 percent ad valorem

The applicable subheading for Silymarin produced synthetically will be 2932.90.4100, HTS, which provides for Heterocyclic compounds with oxygen hetero-atom (s) only, other, aromatic, other: Products described in additional U.S. note 3 to Section V1.

Please note, that when this product is imported you may be required to submit a manufacturers process flow chart to substantiate how the manufacturer produced this product.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380..

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport