CLA-2-38:OT:RR:E:NC:N2:235

Ms. Lynn Tordo
Thor Specialties Inc.
50 Waterview Drive
Shelton, CT 06484

RE: The tariff classification of Microcare® PDM from Germany

Dear Ms. Tordo:

In your letter dated October 17, 2013, on behalf of Thor Specialties Inc., you requested a tariff classification ruling.

The subject product is Microcare® PDM. According to information provided on the company website, the product is a powder dispersion of methylisothiazolinone and glycol. You state that the product is used as a preservative to control bacteria, yeasts and mold in cosmetics.

The applicable subheading for the Microcare® PDM will be 3808.99.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers) (con.): Other: Other: Other: Other: Formulated biocides based on 2-methyl-4-isothiazolin-3-one. The general rate of duty will be Free.

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/.

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 888-463-6332, or by visiting their website at: www.fda.gov.

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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division