The tariff classification of Sharon Biomix Pure II

N245483 September 4, 2013 CLA-2-38:OT:RR:E:NC:N2:239 CATEGORY: Classification TARIFF NO.: 3824.90.2800 Mr. John Greenlee John A. Steer Co. 28 S. 2nd Street Philadelphia, PA 19106 RE: The tariff classification of Sharon Biomix Pure II Dear Mr. Greenlee: In your letter dated August 21, 2013, on behalf of your client Acme Hardesty Company, you requested a tariff classification ruling. The subject product is Sharon Biomix Pure II. It is a blend of 2-phenylethanol, glycerine, citrus aurantium amara extract, citrus reticulate extract, citrus sinensis extract, ascorbic acid, citrus acid, lactic acid and purified water. You indicated that the product is a preservative anti-microbial used in personal care products such as shampoo, conditioner, hand cream and baby wipes. The applicable subheading for the Sharon Biomix Pure II will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other. The general rate of duty will be 6.5 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 World Wide Web at http://www.usitc.gov/tata/hts/. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food, Drug and Cosmetic Act, and the Fair Packaging and Labeling Act (FPLA), which are administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number 888-463-6332, or by visiting their website at: www.fda.gov.  In your letter, you made a request for a determination of the eligibility of your product for the U.S.-Israel Free Trade Agreement. Under the Israel FTA, eligible articles which are the growth, product, or manufacture of Israel and are imported directly to the U.S. from Israel qualify for preferential treatment provided, in pertinent part, the sum of (1) the cost or value of the materials produced in Israel, plus (2) the direct costs of processing operations performed in Israel, is not less than 35% of the appraised value of the article at the time it is entered. See General Note 8(b), HTSUS.Pursuant to General Note 8(b)(i), HTSUS, in order to qualify for duty-free treatment under the U.S.-Israel FTA, the article must be the growth, product, or manufacture of Israel or a new and different article of commerce that has been grown, produced or manufactured in Israel. You did not provide sufficient information for us to make a determination. 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 Ekeng Manczuk at (646) 733-3032. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division