N335253 N3 Ruling Active

The tariff classification of an anti-sticking agent from Germany

Issued October 4, 2023 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2106.90.9998

Headings: 2106

Product description

An ingredients breakdown and product specification sheet accompanied your inquiry. The product, “Capol® 95-5627,” is said to be an oil and wax dispersion composed of ethanol, water, modified cellulose, starch, ethyl acetate and vegetable oil. The product is described as a whitish liquid dispersion with an ethanolic odor that functions as an anti-sticking agent for gums and jellies. The product will be packaged in 10, 12.5, 100 and 180 kilogram HDPE drums for sale to customers.

CBP rationale

The applicable subheading for the product, “Capol® 95-5627,” will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included .

Full text

N335253 October 4, 2023 CLA-2-21:OT:RR:NC:N5:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Lawrence Millington Freudenberg 47774 W. Anchor Court Plymouth, MI 48170 RE:  The tariff classification of an anti-sticking agent from Germany Dear Mr. Millington: In your letter dated September 12, 2023, you requested a tariff classification ruling on behalf of your client, Capol LLC. An ingredients breakdown and product specification sheet accompanied your inquiry. The product, “Capol® 95-5627,” is said to be an oil and wax dispersion composed of ethanol, water, modified cellulose, starch, ethyl acetate and vegetable oil. The product is described as a whitish liquid dispersion with an ethanolic odor that functions as an anti-sticking agent for gums and jellies. The product will be packaged in 10, 12.5, 100 and 180 kilogram HDPE drums for sale to customers. The applicable subheading for the product, “Capol® 95-5627,” will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other. The general rate of duty will be 6.4 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 the World Wide Web at https://hts.usitc.gov/current. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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