CLA-2-34:OT:RR:NC:2:236
Ms. Sandi Siegel
M. E. Dey & Co., Inc.
700 W Virginia St. #300
Milwaukee, WI 53204
RE: The tariff classification of “Bergacare EM-HE-7” (CAS no. 68201-46-7) from Germany
Dear Ms. Siegel:
In your ruling request dated August 26, 2013, on behalf of your client, Berg & Schmidt America, LLC, you requested a tariff classification ruling on “Bergacare EM-HE-7” (CAS no. 68201-46-7).
Your submission indicates that the product at issue is a light-yellow colored liquid intended to be used in the cosmetic industry. The CBP Laboratory has determined that this product is a polyethylene glycol ether of glyceryl cocoate, containing ester and alcohol functional groups.
The applicable subheading for “Bergacare EM-HE-7” (CAS no. 68201-46-7) 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 preparation) 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: Esters and ether-esters of polyhydric alcohols. The general rate of duty will be 4 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.
Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division