The tariff classification of Solvera PT 5071

N054325 May 29, 2009 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.90.5050 Mr. Max Turnipseed MCT International P.O. Box 66302 Baton Rouge, LA 70896-6302 RE: The tariff classification of Solvera PT 5071 Dear Mr. Turnipseed: In your letter dated March 12, 2009 on behalf of Solvay Solexis Inc. you requested a tariff classification ruling. The sample that you submitted was analyzed by our laboratory. Our laboratory analysis indicates that Solvera PT 5071 contains water, a fluorinated nonaromatic organic surface active agent and a solvent of di-proplylene glycol methyl ether. In your letter you state that Solvera PT 5071 will primarily be used for internal and surface treatment in the manufacture of food contact paper and paperboard. The product is used to deliver oil and grease resistance to paper and paperboard. The applicable subheading for the Solvera PT 5071 will be 3402.90.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparation (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other.. The rate of duty will be 3.7 percent ad valorem. This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332. This merchandise may also be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm. 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 Debra Wholey at (646) 733-3034. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division