CLA-2-13:OT:RR:NC:N2:231
John Buckner
Ashland Inc.
5475 Rings Road Dublin, OH 43017
RE: The tariff classification of Aloe Vera Concentrate and Aloe Vera Inner Leaf Decolorized from Mexico
Dear Mr. Buckner:
In your letter dated April 5, 2023, you requested a tariff classification ruling.
The two products under review are as follows:
Aloe Vera Concentrate UP 200 Organic 778IN is a powdered product composed of 100 percent aloe vera inner leaf (Aloe barbadensis miller). The product, which will be imported for use as an ingredient in the manufacture of personal care products, will be packed and shipped in 1-kilogram polyethylene bag.
Aloe Vera Inner Leaf Decolorized 10X 440AA is a liquid product composed of aloe vera (Aloe bardadensis miller), citric acid, sodium benzoate, and potassium sorbate. The product, which will be imported for use as an ingredient in the manufacture of personal care products, will be packed and shipped in 210-kilogram, 1000-kilogram, or 20-kilogram size high-density polyethylene (HDPE) containers.
In your letter, you suggest classification of the products under subheading 3824.99.9397, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other Other: Other.” We disagree. The products at issue are naturally obtained raw materials thus they are not considered chemical products or preparations of the chemical or an allied industry.
The applicable subheading for the Aloe Vera Concentrate and Aloe Vera Inner Leaf Decolorized will be 1302.19.4140, HTSUS, which provides for: “Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other: Other.” The rate of duty is one percent ad valorem.
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 at https://hts.usitc.gov/current
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division