The tariff classification of four chemical mixtures of ProSilic from United Kingdom

N308869 February 7, 2020 CLA-2-38:OT:RR:NC:N3:140 CATEGORY: Classification TARIFF NO.: 3824.99.2890; 3824.99.9297 Mr. Matthew Wasserbach Express Customs Clearance 71 S. Central Ave., Suite 300 Valley Stream, NY 11377 RE: The tariff classification of four chemical mixtures of ProSilic from United Kingdom Dear Mr. Wasserbach: In your letter dated January 10, 2020, you requested a tariff classification ruling on behalf of your client, SiSaf Ltd. You submitted a binding ruling request for four chemical mixtures of ProSilic that will be used as intermediate ingredients to manufacture skin care/cosmetic products. The mixtures are not finished, or ready to use as a cosmetic, or in skincare applications, in their condition as imported. The four bulk products will be imported from the UK but the final manufacturing process will take place in the US. You provided the following product descriptions along with ingredient percentages and MSDS sheets for review. You state that the products have “nothing to do with recombinant, microbial fermentation, etc.” We have summarized your description of the products below. Item Description 1 Item Name/Number: ProSilic 001-A. The material is a chemical mixture used as an intermediate ingredient for skin care/cosmetic products manufactured in the US. It is produced locally in the UK using a patented technology… It is purely for cosmetic purposes, not pharmaceutical. ProSilic 001-A is produced simply by mixing the following raw materials together: Silicon, Hydrogenated Phosphatidylcholine & Salix Negra (Willow) Bark Extract. Item Description 2 Item Name/Number: ProSilic 103-A. The product is a chemical mixture and an intermediate ingredient for skin care/cosmetic products manufactured in the US. It is produced locally in the UK using a patented technology…It is purely for cosmetic purposes, not pharmaceutical. ProSilic 103-A is produced simply by mixing the following raw materials together: Silicon, Hydrogenated Phosphatidylcholine, Omega-3 Extract, Vitamin A Retinyl Palmitate & Lavender Oil. Item Description 3 Item Name/Number: ProSilic 005-A. The product is a chemical mixture and an intermediate ingredient for skin care/cosmetic products manufactured in the US. It is produced locally in the UK using a patented technology…It is purely for cosmetic purposes, not pharmaceutical. ProSilic 005-A is produced simply by mixing the following raw materials together: Silicon, Hydrogenated Phosphatidylcholine and Barley Extract. Item Description 4 Item Name/Number: ProSilic 004-A. The product is a chemical mixture and is an intermediate ingredient for skin care/cosmetic products manufactured in the US. It is produced locally in the UK using a patented technology… It is purely for cosmetic purposes, not pharmaceutical. ProSilic 004-A is produced simply by mixing the following raw materials together: silicon, hydrogenated phosphatidylcholine and melatonin. The applicable subheading for the ProSilic 001-A, ProSilic 004-A, ProSilic 005-A will be 3824.99.2890, 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 rate of duty will be 6.5 percent ad valorem. The applicable subheading for ProSilic 103-A will be 3824.99.9297, 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: Other. The rate of duty will be 5 percent ad valorem. Perfumery, cosmetic, and toiletry products are subject to the requirements of the Food and 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 (301) 436-1130, or by visiting their website at: www.fda.gov. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division