The tariff classification of Rutin (CAS-153-18-4), in bulk form, from Brazil

NY G89118 April 26, 2001 CLA-2-29:RR:NC:2:238 G89118 CATEGORY: Classification TARIFF NO.: 2938.10.0000 Ms. Patricia Reihing Gallard-Schlesinger Industries, Inc. 777 Zeckendorf Blvd. Garden City, NY 11530 RE: The tariff classification of Rutin (CAS-153-18-4), in bulk form, from Brazil Dear Ms. Reihing: In your letter dated April 6, 2001, you requested a tariff classification ruling. The subject product, Rutin, is a naturally occurring glycoside found in many plants, especially the buckwheat plant (Fagopyrum esculentum Moench., Polygonaceae), which contains about 3% (dry basis). The International Nonproprietary Name (INN) for Rutin is Rutoside. Although you believe that the subject product is properly classifiable, as a vegetable extract, within subheading 1302.19.4040, HTS, the Certificate of Analysis, supplied to you by the manufacturer, indicates a Rutin content of ~ 99 percent. Accordingly, it is our determination that the subject product constitutes a separate chemically defined compound. Chapter 29, HTS, General Explanatory Note (A). You indicate in your letter that the subject product is intended for use as a dietary supplement. The applicable subheading for Rutin, imported in bulk form, will be 2938.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[G]lycosides, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Rutoside (Rutin) and its derivatives." Pursuant to General Note 13, HTS, 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division