The tariff classification of BergaCare EM-SN from Spain and Italy

N246093 September 23, 2013 CLA-2-38:OT:RR:NC:N2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Ms. Sandi Siegel M. E. Dey & Co., Inc. 700 W. Virginia Street Suite 300 Milwaukee, WI 53204 RE: The tariff classification of BergaCare EM-SN from Spain and Italy Dear Ms. Siegel: In your letter dated August 26, 2013, on behalf of your client Berg & Schmidt America, LLC, you requested a tariff classification ruling. The subject product is BergaCare EM-SN. It is also known as Cetearyl Isononanoate. According to the submitted documents, it is comprised of the purposeful manufactured mixture of Hexadecyl Isononanoate (CAS-84878-33-1) and Octadecyl Isononanoate (CAS-84878-34-2). The product is intended for used in the cosmetic industry. The applicable subheading for the BergaCare EM-SN (Cetearyl Isononanoate) will be 3824.90.9290, 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: Other: Other: Other . The rate of duty will be 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.  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