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

Ms. May Sutter
PhibroChem
Div. of Phibro Animal Health Corporation
65 Challenger Road
Ridgefield, Park NJ 07660

RE: The tariff classification and country of origin of Citric acid anhydrous USP, CAS No. 77-92-9, from Thailand

Dear Ms. Sutter:

In your letter dated November 3, 2010, you requested a tariff classification ruling.

The subject product, Citric acid anhydrous USP, is a carboxylic acid with an additional oxygen function (alcohol) indicated for use in food products.

The applicable subheading for Citric acid anhydrous USP, also known as 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, will be 2918.14.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Citric acid. The general rate of duty will be 6 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/.

Articles classifiable under subheading 2918.14.0000, HTSUS, which are products of Thailand may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

"Country of origin" is defined in section 134.1(b), Customs Regulations, as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of this part. A substantial transformation is said to have occurred when an article emerges from a manufacturing process with a name, character, or use that differs from the original material subjected to the process. Citric acid, if manufactured, produced or grown in Thailand would be a product of that country.

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