CLA-2-13:OT:RR:E:NC:N2:235

Mr. Paul S. Anderson
Sonnenberg & Anderson
300 South Wacker Drive, Suite 1050
Chicago, IL 60606

RE: The tariff classification of Cohesium from France

Dear Mr. Anderson:

In your letter dated July 25, 2008, on behalf of SILAB, Inc, you requested a tariff classification ruling.

The product in question is called Cohesium. Your ruling request letter indicates that the product is a plant extract derived from the Ophiopogon Japonicus root. You also indicate that in its imported condition, it will be suspended in an aqueous solution packaged in 1, 5, or 20 liter jerricans and will be ready to be used by SILAB’s customers. The following is the component breakdown by weight of Cohesium in its imported condition:

1) Water- 88.30 % 2) Ophiopogon Japonicus Root Extract- 11.00% 3) Phenoxyethanol- 0.50 % 4) Ethylhexylglycerin- 0.20%

You state that the Phenoxyethanol and Ethylhexylglycerin “act soley as preservatives so as to ensure a sterile product that has a reasonable shelf life.” You also indicate that the preservatives have “no other function or purpose” in the product.

The applicable subheading for the Cohesium will be 1302.19.9140, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Vegetable saps and extracts: Other: Other: Other.” The rate of duty will be free.

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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division