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

Mr. Manuel G. Gomez
MMG Enterprises Inc.
15 Alder Lane
Shirley, New York 11967

RE: The tariff classification of Erythritol, CAS No. 149-32-6, from China

Dear Mr. Gomez:

In your letter dated February 3, 2011, you requested a tariff classification ruling.

The subject product, Erythritol, is a sugar alcohol. Sugar alcohols, also called polyols, are sugar substitutes extracted from plants or manufactured from starches. The product, also known as 1,2,3,4-Butanetetrol, (R*,S*)-, will be imported in bulk.

The applicable subheading for Erythritol will be 2905.49.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other polyhydric alcohols: Other: Other: Polyhydric alcohols derived from sugars: Other. The rate of duty will be 5.5 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