The tariff classification of two “wet wipes” from China

N250378 March 18, 2014 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.20.1100 Mr. Joshua F. Kienitz OEC Logistics, Inc. 13100 Alondra Blvd. Ste. 100 Cerritos, CA 90703 RE: The tariff classification of two “wet wipes” from China Dear Mr. Kienitz: In your ruling request received February 14, 2014, on behalf of your client, JDMC Enterprises, LLC, you requested a tariff classification ruling. Item one is comprised of 8” x 8” 20-30 gsm spunlace non-woven material, pre-moistened and individually packaged in a foil package. Item two is comprised of 5” x 6” crepe paper material pre-moistened and individually packaged in a foil package. The provided samples for both items have been reviewed and will be returned. Both products contain the aromatic surfactant, benzalkonium chloride. The essential character of both wipes is imparted by the saturating solution, while the towelettes act as a carrier for the solution. The applicable subheading for both “wet wipes” (item one and item two) will be 3402.20.1100, 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 3401: Preparations put up for retail sale: Containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem. 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 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