CLA-2-29:RR:NC:2:240 K88631

Mr. Joe Neal
Compound Solutions
2215 Vineyard Avenue
Escondido, California 92029

RE: The tariff classification of Methyl Sulfonyl Methane, CAS # 67-71-0, Choline Bitartrate, CAS # 87-67-2, L-Arginine alpha-ketoglutarate, CAS # 5256-76-8, in bulk form, from China

Dear Mr. Neal:

In your letter dated October 14, 2004 you requested a tariff classification ruling.

Methyl Sulfonyl Methane, chemically known as Sulfonylbismethane, is an organo-sulfur compound. Choline Bitratrate, chemically known as Ethanaminium, 2-hydroxy-N,N,N-trimethyl-, salt with (2R,3R)-2,3-dihydroxybutanedioic acid (1:1), is a quaternary ammonium salt of choline. L-Arginine alpha-ketoglutarate, also known as L-Arginine, 2-oxopentanedioate, is a chemically defined nonaromatic imine compound. All of the above compounds are indicated for use in nutritional supplements.

The applicable subheading for Choline Bitratrate will be 2923.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Quaternary ammonium salts and hydroxides: Choline and its salts….. The rate of duty will be 3.7 percent ad valorem. The rate of duty in 2005 will remain the same.

The applicable subheading for L-Arginine alpha-ketoglutarate will be 2925.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Imines and their derivatives; salts thereof: Other: Other….. The rate of duty will be 3.7 percent ad valorem. The rate of duty in 2005 will remain the same.

The applicable subheading for Methyl Sulfonyl Methane will be 2930.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Organo-sulfur compounds: Other….. The rate of duty will be 3.7 percent ad valorem. The rate of duty in 2005 will remain the same. 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division