The tariff classification of Microcare® CPH

N130127 November 5, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2909.49.1000 Ms. Lynn Tordo Thor Specialties, Inc. 56 Quarry Road Trumbull, CT 06611 RE: The tariff classification of Microcare® CPH Dear Ms. Tordo: In your letter dated October 29, 2010, you requested a tariff classification ruling. The subject product, Microcare® CPH, contains 100% Chlorphenesin (CAS-104-29-0). Per your letter, it will be used as a preservative in personal care products because it has anti-bacterial and anti-fungal properties. Chlorphenesin is also used as a drug and can be used as a skeletal muscle relaxant to treat muscle pain and spasms. The applicable subheading for the Microcare® CPH will be 2909.49.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ethers, ether-alcohols, ether-phenols, ether-alcoholphenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives: Ether-alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI .” Pursuant to General Note 13, HTSUS, the rate of duty will be free. 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 Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division