CLA-2-34:OT:RR:NC:N3:136

Ms. Severine Ducret
Seppic S.A.
127 Chemin De La Poudrerie
Castres 81100
France

RE: The tariff classification of “MONTANOV 68” from France

Dear Ms. Ducret:

In your letter dated April 30, 2019, you requested a classification ruling on “MONTANOV 68.”

You have indicated that the subject product is intended to be used as an emulsifying agent in the manufacture of cosmetics. The provided “Safety Data Sheet” states that “MONTANOV 68” is a non-ionic surfactant and has been assigned the European identifier number 927-870-2.

In your letter, you suggest classification in subheading 3404.90, Harmonized Tariff Schedule of the United States (HTSUS); however, we have found that to be incorrect, because surface-active agents are provided for elsewhere in the tariff.

The applicable subheading for “MONTANOV 68” 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.

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 https://hts.usitc.gov/current.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division