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

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, Illinois 60089

RE: The tariff classification of (R)-2-Hydroxy-3-phenylpropionic acid, CAS 7326-19-4 from China

Dear Mr. Chivini:

In your letter dated May 29, 2008 and received by this office on June 24, 2008, you requested a tariff classification ruling.

(R)-2-Hydroxy-3-phenylpropionic acid, CAS 7326-19-4, also known as Lactic acid, 3-phenyl-, (R)-, is a bulk pharmaceutical intermediate.

The applicable subheading for (R)-2-Hydroxy-3-phenylpropionic acid will be 2918.19.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Carboxylic acids with alcohol function, but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 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.

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division