The tariff classification of an emulsifying agent from France.

N144876 May 25, 2011 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.13.5000 Ms. Stephanie Bru 127, Chemin De La Poudrerie BP, 90228, Castres Cedex 81105 France RE: The tariff classification of an emulsifying agent from France. Dear Ms. Bru: In your letter dated January 7, 2011, you requested a tariff classification ruling. You submitted a sample for review, labeled “Simulgreen 18-2”, consisting of opaque white pellets in a 150ml container packaged and labeled to be put up for retail sale. You describe the article as an emulsifying agent for various uses within the cosmetic industry. The applicable subheading for the emulsifying agent will be 3402.13.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Organic surface-active agents, whether or not put up for retail sale: Other: Other. The rate of duty will be 3.7%. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (301) 436-1130 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 Nuccio Fera at (646) 733-3434. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division