Mr. William Davis
Davis Trade & Commodities
2636 S. Genesee Ave.
Los Angeles, CA 90016
RE: The tariff classification of Natural Mixed Tocopherols 90% in bulk form, from Argentina
Dear Mr. Davis:
In your letter dated October 8, 2009, you requested a tariff classification ruling.
The subject product, Natural Mixed Tocopherols 90%, is described as a clear brownish viscous oil containing mixed tocopherols obtained from edible vegetable oils. One gram contains 900 mg of total d-a-, d-ß-, d-?- and d-d- tocopherols. The merchandise will be imported in 10 kg. plastic pails or 190 kg. metal drums. You further state that this merchandise is used by food and cosmetic manufacturers as a natural preservative and ingredient, and by the pharmaceutical and nutraceutical industries as a vitamin and dietary supplement.
The applicable subheading for the Natural Mixed Tocopherols 90% will be 2936.28.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Vitamin E (Tocopherols and related compounds with Vitamin E activity) and its derivatives." The rate of duty will be free.
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/.
You also requested determinations on marking, country of origin, and application of free trade program, but you did not provide any information to assist us in giving such advice. If you wish to obtain a ruling on any of these points, you must provide information such as the country of origin of each ingredient used, a step by step description of the manufacturing process, the costs for each component and each process, etc. When this information is available, you may consider resubmission of your request.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public
Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
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 Harvey Kuperstein at (646) 733-3033.
Robert B. Swierupski
National Commodity Specialist Division