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

Ms. Susie Milosevski
Access Business Group International, LLC
7575 Fulton Street East- M.C. 58A-1B
Ada, MI 49355

RE: The tariff classification of Disteareth 5 Lauroyl Glutamate, Polyquaterium-10, Stearalkonium Chloride, and Vitamin A Palmitate 250 CWS/F (IP)

Dear Ms. Milosevski:

In your ruling request dated August 20, 2012, you requested a tariff classification ruling on the following four products:

Disteareth 5 Lauroyl Glutamate, which you describe as an anionic white to light yellow colored soft wax, that is essentially odorless and used as a skin and hair containing agent. Polyquaterium-10 (CAS no. 68610-92-4), which you describe as cationic cellulose ether with alpha-chloride and used as a film former. Stearalkonium Chloride, which you describe as a creamy white pourable paste with a characteristic clean amine odor. Vitamin A Palmitate 250 CWS/F (IP) which you describe as light yellow bead lets dispersed in a cornstarch-coated matrix of gelatin that is derived from fish and sucrose.

The applicable subheading for the Disteareth 5 Lauroyl Glutamate will be 3402.11.5050, Harmonized Tariff Schedule of the United States, 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: Organic surface-active agents whether or not put up for retail sale: Anionic: Other: Other. The general rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Polyquaterium-10 will be 3913.90.2000, (HTSUS), which provides Polysaccharides and their derivatives. The general rate of duty will be 5.8% ad valorem.

The applicable subheading for the Stearalkonium Chloride will be 3402.13.2050 (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: Organic surface-active agents whether or not put up for retail sale: Nonionic: Other: Fatty substances of animal or vegetable origin: Other. The general rate of duty will be 4 percent ad valorem.

We are unable to provide a classification ruling on Vitamin A Palmitate 250 CWS/F (IP) because we need additional information in order to classify this product. Please provide the following:

1. Marketing and technical literature. 2. A detailed picture or a sample of the product in the condition as imported. 3. A detailed explanation of how the product will be used.

If you decide to resubmit your request for a classification ruling on this product, please provide the requested information and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Section, NIS Judy Lee.

These products 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.W., 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 Nuccio Fera at (646) 733-3034.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division