CLA-2-29:RR:NC:2:238 C87840

Mr. Joseph J. Chivini

Austin Chemical Company, Inc.

1565 Barclay Boulevard

Buffalo Grove, IL 60089

RE: The tariff classification of Nicotine Alkaloid 95% (CAS-

22083-74-5), imported in bulk form, from India

Dear Mr. Chivini:

In your letter dated May 7, 1998, you requested a tariff classification ruling.

According to a report issued to this office by the U.S. Customs laboratory in New York, the subject product, which you describe as "Nicotine Alkaloid 95%" (CAS# 22083-74-5) is chemically known as (±)-3-(1-methyl-2-pyrrolidinyl)pyridine, and consists of both the "left"(S) and "right"(R) stereoisomers (i.e., a racemic mixture) of nicotine. Dorland's Illustrated Medical Dictionary, 28th Edition, defines Nicotine as "[a] very poisonous, colorless, soluble fluid alkaloid with a pyridine-

like odor and a burning taste, obtained from tobacco or produced synthetically. It is used as an agricultural insecticide and, in veterinary medicine, as an external parasiticide and is used in pharmacological and physiological studies for its neurological effects ... ."

The applicable subheading for the subject product will be 2939.70.0000 , Harmonized Tariff Schedule of the United States (HTS), which provides for: "Nicotine and its salts." The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

This merchandise may also be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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 212-466-5770.


Robert B. Swierupski


National Commodity

Specialist Division