CLA-2-29:OT:RR:E:NC:N2:235

Ms. Dina Donnelly
Aceto Corporation
One Hollow Lane
Lake Success, NY 11042

RE: The tariff classification of D-Lysine from China

Dear Ms. Donnelly:

In your letter dated April 1, 2009, you requested a tariff classification ruling. The applicable subheading for D-Lysine (CAS # 923-27- 3) will be 2922.41.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides “Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Lysine and its esters; salts thereof: Meeting requirements of Food Chemical Codex, Codex Alimentarius or United States Pharmacopeia. The rate of duty will be 3.7 percent ad valorem. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty. If this product does not meet the requirements above, the applicable subheading for the D-Lysine (CAS # 923-27-3) will be 2922.41.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Lysine and its esters; salts thereof: Other.” The rate of duty will be 3.7 percent ad valorem. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty. 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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division