Classification of Labrafil products from France

HQ 082227 March 16, 1989 CLA-2 CO:R:C:G 082227 JGH CATEGORY: Classification TARIFF NO.: 465.95 Area Director of Customs JFK Airport Area JFK Airport, Bldg. 178 Jamaica, New York 11430 RE: Classification of Labrafil products from France Dear Sir: Decision on Application for Further Review of Protest No. 1001-7-013476, on the classification Labrafils. FACTS: Labrafils are described as emulsifiers in topical and injectible pharmaceuticals as well as cosmetics and are used to improve the product's diffusion characteristics. Labrafils are composed of either apricot kernel oil or hydrogenated palm oil/palm kernel oil and PEG -6 (polyethylene glycol). A Customs laboratory report states that the sample of Labrafil examined was a yellow oil, essentially a mixture of nonbenzenoid surface active agents, fatty ether esters or polyhydric alcohol of types not sulfonated or sulfated. ISSUE: Whether Labrafils are classified as surface active agents in item 465.95, TSUS, or as other fatty acid esters in item 465.10,TSUS. - 2 - LAW AND ANALYSIS: In behalf of the protestant it is stated that Headnote 1, Part 8A , Schedule 4, TSUS, defines surface active agents as being chiefly used for any one or a combination of the following purposes: As a detergent, wetting agent, emulsifiers, dispersant, or foaming agents. Labrafils, it is contended, are marketed as emulsifiers and used for their dispersing characteristics. The technical literature submitted indicates that they are mild emulsifiers. The products are mixtures of vegetable oils and polyethylene glycol and are not merely fatty substances of animal or vegetable origin. Labrafils are classifiable as surface active agents in item 465.95, TSUS. HOLDING: The protest is allowed in full. The protestant should be furnished a copy of this decision 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 Trade & Programs Division Rm. 1328 JGHurley:jaj:1/30/89