CLA-2-39:OT:RR:E:NC:N2:237
Ms. Stephanie Bru
SEPPIC
Regulatory Affairs Assistant
127. Chemin de la Poudrerie
BP 90228 - 81105 Castres Cedex
France
RE: Tariff classification of SIMULGEL FL hydroxyethyl acrylate sodium acryloyldimethyl taurate copolymer in an oil emulsion from France.
Dear Ms. Bru:
In your letter dated March 8, 2011, you requested a tariff classification ruling. Your sample, marketing poster, marketing slides and composition breakdown were sent to our New York Customs Laboratory for review and analysis.
SIMULGEL FL is described as hydroxyethyl acrylate sodium acryloyldimethyl taurate copolymer and isohexadecane and polysorbate 60 obtained as an inverse latex by polymerization (acrylic copolymer) in water in oil emulsion. The sample consisted of an opaque white viscous liquid packaged and labeled in a retail size container. The product will be imported for use as a thickening and emulsifying agent in cosmetics.
Based on Customs Laboratory Report Number NY20110446 dated March 30, 2011: The sample labeled SIMUGEL FL consists of an opaque white viscous liquid packaged and labeled in a container to be put up for retail sale. Based on both laboratory analysis and information submitted by the importer, the sample is a preparation of a non-surfactant thickening polymer, hydroxyethyl acrylate sodium acryloyldimethyl taurate copolymer in an oil emulsion. The sample is an acrylic polymer in primary form: other: other. Methods used: CBPL 34-03.
The applicable subheading for SIMULGEL FL hydroxyethyl acrylate sodium acryloyldimethyl taurate copolymer in an oil emulsion will be 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Acrylic polymers in primary forms: Other: Other. The rate of duty will be 4.2% 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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail 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 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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division