NY 849970
Mar 26 1990
CLA-2-34:S:N:N01:236 849970
Mr. C. J. Baker
Manager supply Dept.
Albright & Wilson Americas
P.O. Box 26229
Richmond, Virginia 23260-6229
RE: The tariff classification of "Empiwax SK" from the United
Kingdom
Dear Mr. Baker:
In your letter dated February 22, 1990 you requested a
tariff classification ruling.
The prospective import "Empiwax SK" was tested in the United
States Customs Laboratory. The report states that the sample,
white thin flakes, does not meet the HTS Chapter 34, note 3
definition for organic surface active agents. It is a chemically
produced organic product of a waxy character.
"Empiwax SK is an Emulsifying Wax especially suitable for
use in preparation of pharmaceutical emulsifying ointments and
penicillin cream bases.
Note 5.(1) of chapter 34, of the Harmonized Tariff
Schedules, (HTS), states that the expression "artificial waxes
and prepared waxes" applies to chemically produced organic
products of a waxy character, whether or not water-soluble.
The applicable subheading for the "Empiwax SK" will be
3404.90.5000, Harmonized Tariff Schedule of the United States
(HTS), which provides for artificial waxes and prepared waxes,
other. The rate of duty will be free.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport