The tariff classification of Linatural MBS-1 and Linatural MBS-2 from China

N229735 September 5, 2012 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Ms. Julie E. Hartenfels William B. Skinner, Inc. 300-3C Route 17 South Lodi, NJ 07644 RE: The tariff classification of Linatural MBS-1 and Linatural MBS-2 from China Dear Ms. Hartenfels: In your letter dated July 17, 2012, on behalf of your client Lincoln Manufacturing Inc., you requested a tariff classification ruling. Linatural MBS-1 is a mixture of 1,3-propanediol, ethylhexyl glycerin, and potassium sorbate. Linatural MBS-2 is a mixture caprylic acid, 1,3-propanediol, lauric acid, and potassium sorbate. Both products are indicated for use in the production of cosmetics. In your letter you suggest classification in 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS). In order to be classified in this provision the products must contain 5 percent or more by weight aromatic or modified aromatic substances. The applicable subheading for Linatural MBS-1 and Linatural MBS-2 will be 3824.90.9290, HTSUS, which provides for Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent 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 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 Richard Dunkel (646) 733-3032. Sincerely, Thomas J. Russo Director National Commodity Specialist Division