CLA-2-29:OT:RR:NC:N3:140

Mr. Mark Chen
DNG Chemicals Inc
PO BOX 2277
Beaverton, OR 97005

RE: The tariff classification of Caprylic acid (CAS # 124-07-2) from Malaysia

Dear Mr. Chen:

In your letter dated February 08, 2020, you requested a tariff classification ruling.

The imported product is called Caprylic acid. It has a CAS # of 124-07-2. You indicate that it is a medium-chain fatty acid with potent antibacterial, antifungal, and anti-inflammatory properties. You state that: "These properties make caprylic acid a helpful treatment for many conditions. It's used to treat yeast infections, skin conditions, digestive disorders, and high cholesterol. It is a raw material that will be used by your customers in their product formulations as an antimicrobial processing aid."

It is also known under the systematic name Octanoic acid. It is a carboxylic acid with the structural formula CH3(CH2)6CO2H. Octanoic acid is a saturated medium-chain fatty acid with an 8-carbon backbone. Octanoic acid is found naturally in the milk of various mammals and is a minor component of coconut oil and palm kernel oil.

The applicable subheading for the Caprylic acid (CAS # 124-07-2) will be 2915.90.1050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Acids: Fatty acids of animal or vegetable origin: Other. The rate of duty will be 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 the World Wide Web at https://hts.usitc.gov/current.

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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division