The tariff classification of Nicotine 99% (CAS-54-11-5) in bulk form, from China

N249691 February 19, 2014 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2939.99.0000 Mr. Solomon Abady Abady Law Firm, P.C. 244 5th Avenue, Suite 280S New York, NY 10001 RE: The tariff classification of Nicotine 99% (CAS-54-11-5) in bulk form, from China Dear Mr. Abady: In your letter dated January 21, 2014, you requested a tariff classification ruling on behalf of RTS Leasing, LLC. The subject product, Nicotine 99%, is obtained from tobacco. The Certificate of Analysis submitted indicates that the product contains (by weight) 99 % Nicotine, a naturally occurring vegetable alkaloid. According to the Explanatory Notes to heading 2939 (G), Nicotine is described as “an alkaloid present in tobacco leaves; can also be obtained by synthesis. Colourless liquid which turns brown when exposed to air; has a characteristic, penetrating odour. A strong base, toxic, forms crystalline salts; used as a fungicide and insecticide for plants.” The applicable subheading for the Nicotine 99% imported in bulk form will be 2939.99.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable alkaloids, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives (con.):Other: Other.” The rate of duty will be free. 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 World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov In your letter you inquired about information regarding the Toxic Substances Control Act (TSCA). This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: tsca-hotline@epa.gov or by visiting their website at www.epa.gov. 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 Judy Lee at (646) 733-3033. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division