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Sign inOct2021 · Q46 · Classification
Classifying D-aspartic acid in the 2020 HTSUS: identity first, then the K check
Using the 2020 Basic Edition, classify D-aspartic acid (CAS 1783-96-6), an amino acid stated in the facts to be used as a pharmaceutical intermediate, by positive identity comparison. Chapter 29 places amino acids, other than those containing more than one kind of oxygen function, under 2922.49; within 2922.49.49 'Other amino acids' (General 4.2%, footnote 130 not taught here) the statistical suffix .15 names l-Aspartic acid specifically, and the D isomer is a different compound, so it falls to .50 'Other' at 2922.49.4950, General 4.2%. Then verify, rather than assume, whether Special 'Free (K)' applies: under General Note 13, K requires both that the product of a column-1-eligible country be included in the Pharmaceutical Appendix and that it be classifiable in the provision; pharmaceutical use alone does not qualify. Table 1 lists ASPARTIC ACID with CAS 56-84-8, the L form, which is not the same chemical as D-aspartic acid (CAS 1783-96-6); the independent review's exact name/CAS search of the full 2020 Appendix found neither 'D-ASPARTIC' nor 1783-96-6. Boundaries: a CAS number assists identification and its absence is not by itself a universal rule of ineligibility, since Table 1 covers a listed product 'by whatever name known'; here the distinct D/L identity, the isomer note in the original facts and the suffix .15 text together support the conclusion. Table 2 extends K only to salts, esters and hydrates of Table 1 products bearing listed prefixes or suffixes and classifiable in the same 6-digit provision; a D/L stereoisomer is not automatically such a derivative. Not taught: that all amino acids are 4.2%, any assumed country of origin, or any 2026 all-in duty.
What you will learn
Using the 2020 Basic Edition, classify D-aspartic acid (CAS 1783-96-6), an amino acid stated in the facts to be used as a pharmaceutical intermediate, by positive identity comparison. Chapter 29 places amino acids, other than those containing more than one kind of oxygen function, under 2922.49; within 2922.49.49 'Other amino acids' (General 4.2%, footnote 130 not taught here) the statistical suffix .15 names l-Aspartic acid specifically, and the D isomer is a different compound, so it falls to .50 'Other' at 2922.49.4950, General 4.2%. Then verify, rather than assume, whether Special 'Free (K)' applies: under General Note 13, K requires both that the product of a column-1-eligible country be included in the Pharmaceutical Appendix and that it be classifiable in the provision; pharmaceutical use alone does not qualify. Table 1 lists ASPARTIC ACID with CAS 56-84-8, the L form, which is not the same chemical as D-aspartic acid (CAS 1783-96-6); the independent review's exact name/CAS search of the full 2020 Appendix found neither 'D-ASPARTIC' nor 1783-96-6. Boundaries: a CAS number assists identification and its absence is not by itself a universal rule of ineligibility, since Table 1 covers a listed product 'by whatever name known'; here the distinct D/L identity, the isomer note in the original facts and the suffix .15 text together support the conclusion. Table 2 extends K only to salts, esters and hydrates of Table 1 products bearing listed prefixes or suffixes and classifiable in the same 6-digit provision; a D/L stereoisomer is not automatically such a derivative. Not taught: that all amino acids are 4.2%, any assumed country of origin, or any 2026 all-in duty.
HTSUS (2020 Basic) Chapter 29, page 29-85, subheading 2922.49.49 and statistical suffixes; HTSUS (2020 Basic) Chapter 29 Note 1(a)-(b), page 29-1; HTSUS (2020 Basic) General Note 13, Pharmaceutical products (GN p.194); HTSUS (2020 Basic) Pharmaceutical Appendix, Table 1 header (page 2); HTSUS (2020 Basic) Pharmaceutical Appendix, Table 1, page 6 (ASPARTIC ACID entry); HTSUS (2020 Basic) Pharmaceutical Appendix, Table 2 header and conditions (page 69); October 21, 2021 CBLE, question 46 stem (historical original excerpt); October 21, 2021 CBLE official answer key, question 46 · Exam cover (October 21, 2021) prescribes the Harmonized Tariff Schedule of the United States (2020 Basic Edition, No Supplements) and Title 19 CFR (2020, revised as of April 1, 2020). Sources used: 2020 Basic Chapter 29 legal notes (29-1, 29-2) and actual table page 29-85; 2020 Basic General Note 13 (GN p.194); 2020 Basic Pharmaceutical Appendix Table 1 header (p.2), Table 1 page with ASPARTIC ACID (p.6), and Table 2 header and conditions (p.69). Historical 2020 Basic lesson only; no current-law sweep, no 2026 all-in duty, no origin-specific Chapter 99 verification.
Explained using the historical edition for this exam.