CLA-2-29:RR:NC:2:239 L85086

Mr. William F. Harvey
Har-Met International, Inc.
60 Houk Road
Doylestown, PA 18901

RE: The tariff classification of Butylmethoxydibenzoylmethane (CAS 70356-09-1); Octocrylene (CAS 6197-30-4); Octyl Methoxycinnamate (CAS 5466-77-3); Benzophenone–3 (CAS 131-57-7); and Benzophenone–4 (CAS 4065-45-6) from India.

Dear Mr. Harvey:

In your letter dated May 26, 2005, you requested a tariff classification ruling for the above chemicals which you have stated will be formulated into cosmetic products for sun protection.

The applicable subheading for Butylmethoxydibenzoylmethane (Chemical Name – Avobenzone) and Benzophenone–3 (Chemical Name - Oxybenzone) will be 2914.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives: ketone-phenols and ketones with other oxygen function: aromatic: other. Pursuant to General Note 13 to the Harmonized Tariff Schedule of the United States, these products are free of duty.

The applicable subheading for Octocrylene will be 2926.90.4800, Harmonized Tariff Schedule of the United States (HTS), which provides for nitrile-function compounds: other: aromatic: other: other: other. Pursuant to General Note 13 to the Harmonized Tariff Schedule of the United States, this product is free of duty.

The applicable subheading for Octyl Methoxycinnamate will be 2918.90.4300, Harmonized Tariff Schedule of the United States (HTS), which provides for carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: other: aromatic: other: products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Benzophenone-4 (Chemical Name - 2-Benzoyl-5-Methoxy-1-Phenol-4-Sulphonic Acid) will be 2914.50.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives: ketone-phenols and ketones with other oxygen function: aromatic. This provision is free of duty.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division