Mr. William F. Harvey
Har-Met International, Inc.
60 Houk Road
Doylestown, PA 18901
RE: The tariff classification of Octyl methoxycinnamate, CAS No. 5466-77-3, imported in bulk, from India
Dear Mr. Harvey:
In your letter dated January 12, 2010, you requested a tariff classification ruling.
The subject product, Octyl methoxycinnamate, also known as 2-Propenoic acid, 3-(4-methoxyphenyl)-, 2-ethylhexyl ester, is an ester of an aromatic carboxylic acid with an additional oxygen function. The compound is used as a sunscreen in the formulation of cosmetic products.
The applicable subheading will be 2918.99.4300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent.
The subject product from India classified in subheading 2918.99.4300 (HTSUS) is not eligible for special tariff treatment under the Generalized System of Preference (GSP) program. In addition, the product is not listed in the Pharmaceutical Appendix to the Tariff Schedule and, therefore, does not quality for duty free treatment under general note 13 to the tariff schedule.
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/.
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 Stephanie Joseph at (646) 733-3268.
Robert B. Swierupski
National Commodity Specialist Division