The tariff classification of Carrageenan (kappa & iota forms) and Agar (CAS-9002-18-0), from China

NY R04592 August 29, 2006 CLA-2-13:RR:E:NC:2:236 R04592 CATEGORY: Classification TARIFF NO.: 1302.39.0010; 1302.31.0000 Ms. Kathy Lin ProFood International, Inc. 40 Shuman Blvd., Suite 160 Naperville, IL 60563 RE: The tariff classification of Carrageenan (kappa & iota forms) and Agar (CAS-9002-18-0), from China Dear Ms Lin: In your letter dated August 10, 2006, you requested a tariff classification ruling. The first product consists of the kappa and iota forms of Carrageenan, a “Mixture of sulfated polysaccharides extracted from red seaweed (Rhodophyceae).” Carrageennan is used, among other things, as a gelling agent, emulsifying agent, stabilizing agent and viscosity builder in foods and non-food products. The second product, Agar, which you refer to as “Agar Agar,” is “A polysaccharide complex extracted from the agarocytes of the Rhodophyceae.” Agar is used, among other things, as a substitute for gelatin in making emulsions, as a thickening agent in foods, in meat canning, in the dyeing and printing of textile fabrics and in the preparation of nutrient media for bacterial cultures. The applicable subheading for Carrageenan (kappa & iota forms) will be 1302.39.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mucilages and thickeners, whether or not modified, derived from vegetable products: Other: Carrageenan.” The rate of duty will be 3.2 percent ad valorem. The applicable subheading for Agar, which you refer to as “Agar Agar,” will be 1302.31.0000, HTSUS, which provides for “Mucilages and thickeners, whether or not modified, derived from vegetable products: Agar-agar.” 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 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 Debra Wholey at 646-733-3034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division