CLA-2-38:OT:RR:NC:N2:239

Susie Milosevski
Access Business Group International LLC
7575 Fulton Street East- M.C. 58A-1B
Ada, MI 49355

RE: The tariff classification of Sophorine® and Aesthinet®.

Dear Ms. Milosevski:

In your letter dated April 15, 2013, you requested a tariff classification ruling.

Sophorine® is a mixture of Sophora Japonica Leaf Extract (2 %) and Maltodextrin (98 %). The Maltodextrin functions as a flow agent and filler in the mixture. It will be used as a raw material in skin care products.

The applicable subheading for Sophorine® will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Vegetable saps and extracts: Other: Other: Other. The rate of duty will be free.

Aesthinet® is a mixture of water (98.35%), phenoxyethanol (1%), carrageenan (.6%), and sea salt (.05%). It will be used as a skin conditioning agent in skin care products.

In your letter you suggest classification under subheading 1302.39.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Mucilages and thickeners, whether or not modified, derived from vegetable products: Other: Other. The product is a mixture of skin conditioning agents. It is not a mucilage or thickener.

The applicable subheading for Aesthinet® will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other . The General rate of duty will be 5 percent ad valorem.

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 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 Laureen Tsang at (646) 733-3032.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division