CLA-2-29:RR:NC:2:238 H82963

Mr. Michael R. Tartaro
Byron Chemical Company, Inc.
40-11 23rd Street
Long Island City, NY 11101

RE: The tariff classification of Caffeine (anhydrous) (CAS-58-08-2), imported in bulk form, from China

Dear Mr. Tartaro:

In your letter dated June 22, 2001, you requested a tariff classification ruling.

The subject product, Caffeine (anhydrous), is a naturally occurring alkaloid found in tea, coffee and maté leaves, and also in guarana paste and cola nuts. It acts as a central nervous system (CNS) stimulant.

The applicable subheading for the subject product will be 2939.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Caffeine 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 301-443-1544.

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 212-637-7068.


Robert B. Swierupski
National Commodity
Specialist Division