CLA-2-34:OT:RR:NC:2:236

Ms. Iliana G. Fuller
Allergan
2525 Dupont Drive
Irvine, CA 92612

RE: The tariff classification of Polysorbate 80 (CAS#9005-65-5) from the United Kingdom

Dear Ms. Fuller:

In your letter dated November 1, 2010, you requested a tariff classification ruling.

Your literature describes the Polysorbate 80 as a mixture of partial esters of fatty acids, mainly oleic acid, with sorbitol and its anhydrides ethoxyalated with approximately 20 moles of ethylene oxide for each mole of sorbitol and sorbito anhydrides.

The applicable subheading for the Polysorbate 80 will be 3402.13.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface–active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Nonionic: Other: Fatty substances of animal or vegetable origin…Esters and ether-esters of polyhydric alcohols. The rate of duty will be 4 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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division