CLA-2-39:OT:RR:NC:N2:237
Susie Milosevski
Access Business Group International LLC
7575 Fulton Street East - M.C. 55-1H
Ada, Michigan 49355
RE: The tariff classification of Polyquaternium-10 (CAS-68610-92-4) from various countries
Dear Ms. Milosevski:
In your letter dated March 14, 2014 you requested a tariff classification ruling.
Polyquaternium-10 (CAS-68610-92-4) is described as a cationic cellulose ether with alpha-chloride and will be imported for use as a film former. More specifically, the product is a cationic polymeric quaternary ammonium salt of hydroxyethylcellulose with chloride commonly used in shampoo, hair conditioners, hair sprays, etc. to neutralize negative charges and make hair lie flat.
Note 3 to Chapter 34, HTSUS, sets forth the test for organic surface-active agents for purposes of classifying such products under heading 3402, as follows: For the purposes of heading 3402, "organic surface-active agents" are products which when mixed with water at a concentration of 0.5 percent at 20C and left to stand for one hour at the same temperature: (a) Give a transparent or translucent liquid or stable emulsion without separation of insoluble matter; and (b) Reduce the surface tension of water to 4.5 x 10-2 N/m (45 dyne/cm) or less. However, the product forms a suspension under the prescribed conditions with the surface tension of more than 50 dyne/cm. Since the product fails to satisfy the requirements of the foregoing chapter note, the goods are not described by heading 3402. Therefore, the product must be classified elsewhere in the tariff.
The applicable subheading for Polyquaternium-10 (CAS-68610-92-4) will be 3912.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms: Cellulose ethers: 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 (646) 733-3038.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division