The tariff classification of polyquaternium 11 (CAS-53633-54-8) from China.

N115980 July 27, 2010 CLA-2-39:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3906.90.5000 Ms. Dina Maria Donnelly Director of International Transportation Aceto Corporation One Hollow Lane Lake Success, NY 11042 RE: The tariff classification of polyquaternium 11 (CAS-53633-54-8) from China. Dear Ms. Donnelly: In your letter dated July 21, 2010 you requested a tariff classification. You provided a Chemical Abstract Number (CAS-53633-54-8) for polyquaternium 11. Polyquaternium 11 is an acrylic based polymeric quaternary ammonium salt formed by the reaction of diethyl sulfate and a copolymer of vinyl pyrrolidone and dimethyl aminoethylmethacrylate. Based on the CAS chemical structure (C8H15NO2.C6H9NO)x.C4H10O4S, the acrylic portion of the copolymer predominates by weight. Polyquaternium 11 dissolved in alcohol or dissolved in water functions as an antistatic agent, a film former and/or a hair fixative used in cosmetics and personal care products such as conditioners, shampoo, hair mousse, hair spray, hair dye, and contact lens solutions. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3906 is applicable to your products and provides: The expression “acrylic polymers” covers polymers of acrylic or methacrylic acid, of their salts or esters, or of the corresponding aldehydes, amides or nitriles. The applicable subheading for polyquaternium 11 (CAS-53633-54-8) will be 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Acrylic polymers in primary forms: Other: 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