The tariff classification of Sharon Biomix Free II and Sharon Biomix Secur C160S from Canada

N241755 May 23, 2013 CLA-2-29:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Mr. John K. Greenlee John A. Steer Co. 28 S 2nd Street Philadelphia, PA 19106 RE: The tariff classification of Sharon Biomix Free II and Sharon Biomix Secur C160S from Canada Dear Mr. Greenlee: In your letter dated May 7, 2013, you requested a tariff classification ruling on behalf of your client Acme-Hardesty Co. Your inquiry pertains to Sharon Biomix Free II and Sharon Biomix Secur C160S. Sharon Biomix Free II, indicated as Sharon Biomix Clear on the MSDS sheet, is a formulation for use as an antimicrobial preservative in cosmetics. The product is composed of 2-Phenoxyethanol and Glycerol, however the MSDS sheet specifies that the product is an organic citrus extract in 2-phenoxyethanol. We are unable to provide a classification for this product. Please submit the complete chemical breakdown including the citrus extract noted in the MSDS sheet. Specify whether the product will be marketed as Sharon Biomix Free II or Sharon Biomix Clear. Sharon Biomix Secur C160S, indicated as Biosecur C160S on the MSDS sheet, is a formulation for use as an antimicrobial preservative in cosmetics. The product contains glycerine, citrus extract, ascorbic acid, citric acid, lactic acid, and purified water. The applicable subheading for the Sharon Biomix Secur C160S will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; 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 . 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/. 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 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 Stephanie Joseph at (646) 733-3268. Sincerely, Thomas J. Russo Director National Commodity Specialist Division