CLA-2-35:OT:RR:NC:N2:237

Mr. Timothy Park
B&H Customs Services Inc.
147-19 Springfield Lane #A
Jamaica, New York 11413

RE: The tariff classification of a modified corn starch from the Republic of South Korea.

Dear Mr. Park:

In your letter dated April 8, 2013, on behalf of Daesang America Inc., you requested a tariff classification ruling. You provided nutritional information, technical specifications, an ingredients list and a manufacturing flow chart for our review.

EmulAid is described a modified food starch that has been treated with octenyl succinic anhydride for use as an emulsifying food additive. The product will be imported in the form of a white powder in standard 15 kilogram net size paper bags.

The applicable subheading for EmulAid modified food starch that has been treated with octenyl succinic anhydride for use as an emulsifying food additive will be 3505.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Dextrins and other modified starches (for example, pregelatinized or esterified starches): Other: Derived from corn (maize) starch. The rate of duty will be 0.7 cents per kilogram.

This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. Information on the Bioterrorism Act can be obtained by calling FDA at (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Frank Cantone at (646) 733-3038.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division