CLA-2-34:RR:NC:SP:236 G82300

Ms. Melinda O’Brien
Mitsubishi Chemical America, Inc.
One North Lexington Avenue
White Plains, NY 10601

RE: The tariff classification of Ryoto Sugar Ester, S-570, O-1570, B-370 and L-595 from Japan

Dear Ms. O’Brien:

In your letter dated September 14, 2000, you requested a tariff classification ruling.

The samples submitted were as follows:

Ryoto Sugar Ester, S-570, is a sucrose stearate, an ester of a polyhydric alcohol. Ryoto Sugar Ester, O-1570, is a sucrose oleate, an ester of a polyhydric alcohol Ryoto Sugar Ester, L-595, is sucrose dilaurate, an ester of a polyhydric alcohol

The above products are used in foods, cosmetics and pharmaceuticals industry as an organic surface-active agent.

The applicable subheading for the Ryoto Sugar Ester, S-570, O-1570, L-595 will be 3402.13.2020, Harmonized Tariff Schedule of the United States, 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: Ester and ether-esters of polyhydric alcohols. The rate of duty will be 4 percent ad valorem.

We are unable to issue a classification ruling on the product Ryoto Sugar Ester, B-370. The following information is required.

Percent by weight composition of the product, including chemical formula and structure of each ingredient including impurities and precursors.

Purity (percent by weight) of Fatty Acid (or Methyl Ester) used for the production of this product. Is this acid of animal or vegetable origin?

This product may be subjected to the requirements of the Federal Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553.

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 Deborah Walsh at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division