HQ 081993: HTSUSA Classification of Lactobionic Acid and Calcium Lactobionate

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081993

                                  October 31, 1988


          CLA-2 CO:R:C:G 081993 JGH

          CATEGORY: Classification

          TARIFF NO.: 2918.19.5000

          Mr. Edward J. Corboy
          Austin Chemical Company, Inc.
          8410 West Bryn Mawr Ave.
          Chicago, Illinois 60631

          RE: HTSUSA Classification of Lactobionic Acid
              and Calcium Lactobionate

          Dear Mr. Corboy:

               Your letters of January 8 and 14, 1988, concern the
          classification in the Harmonized Tariff Schedules of the United
          States (HTSUSA) of lactobionic acid and calcium lactobionate.

          FACTS:

               Lactobionic acid and calcium lactobionate are used as
          intermediates in organic synthesis.

          ISSUE:

               Whether lactobionic acid and calcium lactobionate are
          classifiable as pure sugar ethers in subheading 2940.00.00,
          HTSUSA, or as other carboxylic acids with additional oxygen
          function and their derivatives in subheading 2918.90.5000.

          LAW AND ANALYSIS:

               Under the HTSUSA neither lactobionic acid nor calcium
          lactobionate are considered a pure sugar ether or an oxygen
          heterocyclic compound.  Rather they are classified under the
          subheading for other carboxylic acids with additional oxygen
          function and their esters, salts and other derivatives in
          subheading 2918.19.5000.  In fact, in the Explanatory Notes for
          Chapter 29 Calcium Lactobionate is listed as an example of the
          chemicals included in the category of other carboxylic acids with
          additional oxygen function and their esters, salts and other
          derivatives.















                                         -2-

          HOLDING:

               Under the proposed HTSUSA, calcium lactobionate and
          lactobionic acid are classifiable in subheading 2918.19.5000, for
          other carboxylic acids with additional oxygen function and their
          derivatives.  The rate of duty is 4 percent ad valorem.  This
          classification represents the present position of the Customs
          Service regarding the dutiable status of this merchandise under
          the HTSUSA.  If there are any changes prior to the effective
          date, this advice may not continue to be applicable.

                                          Sincerely,




                                          John Durant, Director
                                          Commercial Rulings Division












































          6cc: A.D. N.Y.
          1cc: Techinical Services
          JGHurley:tj:typed 08/23/88