Classification of certain emulsifiers and surface active agents from France

HQ 082109 March 14, 1989 CLA-2 CO:R:C:G 082109 JGH CATEGORY: Classification TARIFF NO.: HTSUS 465.10; 465.95 Area Director of Customs JFK Airport Area JFK Airport, Bldg. 178 Jamaica, New York 11430 RE: Classification of certain emulsifiers and surface active agents from France Dear Sir: Decision on Application for Further Review of Protest No.1001-7-011816, classification of emulsifiers and surface active agents FACTS: MOD is said to be a branched-chain fatty alcohol ester used in cosmetics as a mineral oil substitute. Its chemical name is octyldodecyl myristate, a palm seed oil derivative which is neither sulfonated or sulfated. Customs classified this product under the provision for butylene glycol or propylene glycol in item 428.30, TSUS. Monthyle is described as an additive for cosmetic lotions and used for its pearling effect in shampoos. Its chemical name is glycol stearate, a palm oil derivative. Customs classified it under the provision for other alcohols, polyhydric (including glycols, polyglycols, diols, and polyols), and esters, and ether-esters and substituted derivatives or any of the foregoing in item 428.47, TSUS. Emulcire is a nonionic self emulsifying base for topically applied creams or lotions. It is described as a fatty alcohol and ethoxylated fatty alcohol mixture. Customs also classified this product in item 428.47, TSUS. - 2 - ISSUE: Whether the products are classifiable under the provision for fatty substances of animal or vegetable origin, not sulfonated or sulfated, in item 465.05, TSUS; or as surface active agents in item 465.95; or for other polyhydric alchols, ether esters and substituted derivatives in 428.47, TSUS. LAW AND ANALYSIS: The protestant claims that MOD and Monthyle are classifiable under the provisions for fatty substances in item 465.05, TSUS, and that Emulcire is classifiable under the provision for surface active agents in item 465.95, TSUS. Monthyle is a fatty substance, not sulfated or sulfonated; a fatty acid ester of polyhydric alcohol and is classified in item 465.05, TSUS. MOD or octyldodecyl myristate is a fatty substance not sulfonated or sulfated, n.s.p.f. fatty ester derived from palm oil in item 490.92, TSUS. Emulcire is a fatty alcohol and ethoxylated fatty alcohol; an emulsifier which is a mixture of two fatty substances provided for in item 491.00, TSUS. HOLDING: The protest is allowed in part and denied in part. A copy of this decision should be furnished the protestant with the Form 19 Notice of Action. Sincerely, John Durant, Director Commercial Rulings Division 6cc: Area Director, New York Seaport 2cc: Chief, CIE 1cc: Regional Commissioner New York 1cc: Regulatory and Trade Programs Division Rm. 1328 JGHurley:jaj:1/30/89 retype/gc/3/10/89