CLA-2-34:OT:RR:NC:N1:136
Anthony P. Fondacaro
T.H. Weiss Inc
2 Johnson Road
Lawrence, New York 11559
RE: The tariff classification of Ethylene Bis-Stearamide (CAS# 110-30-5), Ethylene Bis-Stearamide Sp (CAS# 110-30-5), and Ethyleneglycol Distearate (CAS# 91031-31-1) from Italy
Dear Mr. Fondacaro:
In your ruling request dated June 7, 2022, on behalf of your client, Faci USA, LLC, you requested a tariff classification ruling on Ethylene Bis-Stearamide (CAS# 110-30-5), Ethylene Bis-Stearamide Sp (CAS# 110-30-5), and Ethyleneglycol Distearate (CAS# 91031-31-1).
In your submission, you state that the three subject products are ingredients used in the manufacturing of shampoo and serve as lubricants. The provided Safety Data Sheets indicate that Ethylene Bis-Stearamide (CAS# 110-30-5) is a chemical substance in powder form, ivory-white in color, and has an ammonia odor. Ethylene Bis-Stearamide Sp (CAS# 110-30-5) is a chemical substance in microbead form, ivory-white in color, and has an ammonia odor. Ethyleneglycol Distearate (CAS# 91031-31-1) is a chemical substance in pearl/flake form, white in color, and has a slight fatty odor.
You have suggested classification for all three products in 3404.90.5150, Harmonized Tariff Schedule of the United States (HTSUS); however, we have determined that Ethyleneglycol Distearate is a surface-active agent, which is specifically provided for in the tariff schedule.
The applicable subheading for Ethylene Bis-Stearamide (CAS# 110-30-5) and Ethylene Bis-Stearamide Sp (CAS# 110-30-5) will be 3404.90.5150, HTSUS, which provides for Artificial waxes and prepared waxes: Other: Other. The general rate of duty will be free.
The applicable subheading for Ethyleneglycol Distearate (CAS# 91031-31-1) will be 3402.42.2050, 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: Other surface-active agents, whether or not put up for retail sale: Non-ionic: Other: Fatty substances of animal, vegetable or microbial origin: Other. The general rate of duty will be 4% 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 (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing to [email protected], 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