CLA-2-38:OT:RR:NC:N2:237

Mr. John K. Greenlee
John A. Steer Company
28 South 2nd Street
Philadelphia, PA 19106

RE: Tariff classification of poly(hexamethyl biguanide) hydrochloride (CAS-32289-58-0) in aqueous solution; and a mixture of glycine, n-(hydroxymethyl)-, monosodium salt (CAS-70161-44-3) and sodium benzoate (CAS-532-32-1) in aqueous solution from Israel.

Dear Mr. Greenlee:

In your letter dated July 16, 2012, on behalf of the Acme-Hardesty Company, you requested a tariff classification ruling. You provided MSDS sheets with CAS numbers for our review.

Sharomix PHMB is described as an ingredient for cosmetics. Based on your MSDS sheets, the product consists of 20% poly(hexamethyl biguanide) hydrochloride (CAS-32289-58-0) and 80% water. The product will be imported for use as an ingredient in personal care products such as shampoos, conditioners, hand creams and baby wipes. The applicable subheading for the Sharomix PHMB poly(hexamethyl biguanide) hydrochloride (CAS-32289-58-0) in aqueous solution will be 3911.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other products specified in note 3 to this chapter, namely, 3 (c) Other synthetic polymers with an average of at least five monomer units, not elsewhere specified or included, in primary forms. The rate of duty will be 6.5% ad valorem.

Sharomix SZG is described as an ingredient for cosmetics. Based on your MSDS sheets, the product consists of 60% glycine, n-(hydroxymethyl)-, monosodium salt (CAS-70161-44-3), 29% aromatic sodium benzoate (CAS-532-32-1), 29% water and various additives. The product will be imported for use as an ingredient in personal care products such as shampoos, conditioners, hand creams and baby wipes.

The applicable subheading for the Sharomix SZG mixture of glycine, n-(hydroxymethyl)-, monosodium salt (CAS-70161-44-3) and aromatic sodium benzoate (CAS-532-32-1) with additives in aqueous solution will be 3824.90.2800, HTSUS, which provides for other mixtures containing 5 percent or more by weight of one or more aromatic or aromatic modified aromatic substances, not elsewhere specified or included. The rate of duty will be 6.5 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue N., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 Frank Cantone (646) 733-3038.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division