CLA-2-13:OT:RR:NC:2:235
Mr. Mike Finnedt
Biosil Technologies, Inc.
80 Commerce Drive
Allendale, NJ 07401
RE: The tariff classification of various Seaweed Extracts from France
Dear Mr. Finnedt:
In your letter dated January 30, 2009, you requested a tariff classification ruling.
Samples provided were sent to the Customs and Border Protection Lab for analysis. At the labs suggestion, additional informational was requested from you tot enable us to make a classification determination. The products are as follows:
Algomega NP
Actiseane
Efficiensea
Helionori
Sea Heather
You stated that these products will be used as raw materials in the cosmetic industry in the production of hair, skin, and cosmetic formulations. You provided samples, technical data sheets, material safety data sheets and manufacturing flow charts on all products upon request by our office.
Algomega NP is dried, extracted in a solution of Silybum Marianum seed oil and purified through a series of filtrations. No other additions are made to the product. Our laboratory has determined that the seed oil in addition to being a solvent and carrier is also a functional part of the finished product. The major cosmetic function of the extract is due in part to the polyunsaturated fatty acids from the Silybum Marianum seed oil. It is therefore a mixture for classification purposes.
The remaining products are extracted via a fairly simple water extraction process. During this process the algae are dried, and macerated in a water solvent. The extracts are then purified via various ultrafiltrations until the desired contaminants are removed. The process used while targeting specific molecular weight ranges, does not appear to create a highly purified product.
The applicable subheading for the Actiseane, Efficiensea, Helionori and Sea Heather extracts 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.
The applicable subheading for the Algomega NP will be 3824.90.2800, 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: Mixtures containing 5 percent or more by weight of one or more aromatic or modified
aromatic substances: Other.” The rate of duty will be 6.5 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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division