CLA-2-29:RR:NC:2:238 B83597
Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, IL 60089-4537
RE: The tariff classification of Theobromine (CAS-83-67-0),
imported in bulk form, from China
Dear Chivini:
In your letter dated March 20, 1997, you requested a tariff
classification ruling.
The subject product, Theobromine, is an alkaloid, in white
crystalline powder form, prepared from the dried ripe seed of
Theobroma cacao, or made synthetically from xanthine. It has the
following chemical names: 3,7-dihydro-3,7-dimethyl-1H-purine-2,6-dione, or 3,7-dimethylxanthine. Theobromine has physiologic
properties similar to those of caffeine, and is used as a diuretic
and smooth muscle relaxant, and as a myocardial stimulant and
vasodilator.
The applicable subheading for natural Theobromine, imported in
bulk form, will be 2939.90.1000, 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: Other: Natural." The rate of duty will be
free.
The applicable HTS subheading for synthetically prepared
Theobromine, imported in bulk form, will be 2939.90.5000, HTS,
which provides for: "Vegetable alkaloids, natural or reproduced by
synthesis, and their salts, ethers, esters and other derivatives:
Other: Other." 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 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
Cornelius Reilly at 212-466-5770.
Sincerely,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division