The tariff classification of “Dow Corning 1510 Antifoam”

N248904 January 21, 2014 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.90 Mr. Jeffrey A. Arthurton Dow Corning Corporation 2200 W Salzburg Road PO BOX 994 Midland, MI 48686-0994 RE: The tariff classification of “Dow Corning 1510 Antifoam” Dear Mr. Arthurton: In your letter received December 24, 2013, you requested a tariff classification ruling on “Dow Corning 1510 Antifoam.” Your provided sample has been reviewed and will be returned. You have stated that the product at issue satisfies the “organic surface-active agents” test described in Note 3 to Chapter 34, Harmonized Tariff Schedule of the United States (HTSUS). You also state that this product is specifically formulated for food-contact applications to prevent foam. Based on your provided information, “Dow Corning 1510 Antifoam” will be classified as a surface-active preparation. The applicable subheading for “Dow Corning 1510 Antifoam” will be 3402.90, HTSUS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparation) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other. 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 Nuccio Fera at (646) 733-3034. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division