CLA-2-34:OT:RR:NC:2:236
Mr. Joesph M. Eskra
The Lubrizol Corporation
29400 Lakeland Boulevard
Wickliffe, OH 44092
RE: The tariff classification of “Sulfochem ES-1,” “Chembetaine C,” “Sulfochem ASV-FF,” “Amidex BC 24K,” and “Passion Fruit Body Scrub”
Dear Mr. Eskra:
In your ruling request dated December 20, 2012, you requested a tariff classification ruling.
Your submission describes “Sulfochem ES-1,” “Chembetaine C,” “Sulfochem ASV-FF,” “Amidex BC 24K,” and a prototype core formulation for “Passion Fruit Body Scrub” as five different surfactant preparations used in the personal care industry. All five of the products at issue are intermediate substances, which are not suitable for retail sale. You have stated that none of the surfactants contained in the above products are aromatic or modified aromatic.
You have suggested classifying “Sulfochem ES-1” in 3402.11.5020, Harmonized Tariff Schedule of the United States (HTSUS), and “Chembetaine C” in 3402.19.5000, HTSUS. This office does not agree with your proposed classifications because both of these products are mixtures based on surface-active agents, which are provided for under subheading 3402.90, HTSUS.
The applicable subheading for “Sulfochem ES-1,” “Chembetaine C,” “Sulfochem ASV-FF,” “Amidex BC 24K,” and “Passion Fruit Body Scrub” will be 3402.90.5050, (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparation) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other. The general rate of duty will be 3.7 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.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