CLA-2-39:OT:RR:NC:N2:237

Mr. Frank Michael McGonigle
Technical Information Manager
Brenntag Specialties, Inc.
100 Coolidge Street
South Plainfield, NJ 07080

RE: The tariff classification oat beta-glucan polysaccharides in aqueous suspension from Sweden.

Dear Mr. McGonigle:

In your letter dated June 13, 2011 you requested a tariff classification ruling. You provided Product Information and MSDS sheets for our review.

Avenacare oat beta-glucan is a natural product separated from oat bran that consists of 1.0% beta-glucan (a polysaccharide) and 1.5 to 2.5% maltodextrin (a polysaccharide) in aqueous suspension (97% water). It is used as an ingredient in skin care products such as conditioners, shampoos, shower creams, face masks, bath creams, cleansers, wet wipes, moisturizing creams, face creams, skin and hair serums, after sun lotions, lip balms, body creams and hand creams.

The applicable subheading for oat beta-glucan polysaccharides in aqueous suspension will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: polysaccharides and their derivatives. The rate of duty will be 5.8% 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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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