CLA-2-38:OT:RR:NC:N1:239

Charles F. McFeeters
Axxess International, Inc.
100 Walnut Street
Champlain, NY 12919

RE: The Classification of Sodium Propionate and Sodium Benzoate from the Netherlands

Dear Mr. McFeeters:

In your letter dated May 18, 2017, you requested a tariff classification ruling on behalf of your client, Macco Organiques, Inc., for sodium propionate and sodium benzoate used as a antimicrobial in food applications. This ruling request was submitted to our laboratory for review. We apologize for the delay.

The technical description of the 67% sodium propionate 33% sodium benzoate follows:

In a reactor, propionate acid, benzoate acid, and sodium hydroxide are reacted in water to produce a homogenous solution.  The solution is then dried by spray drying to obtain a homogenous inseparable solid product composed of 67% sodium propinate and  33% sodium benzoate, as a white agglomerate powder.  This mixed product is used as antimicrobial in food applications.

The applicable subheading for the sodium propionate and sodium benzoate will be 3824.99.9295, 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: Other. The 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 https://hts.usitc.gov/current.

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 Patrick Day at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division