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NY 849970

Mar 26 1990

CLA-2-34:S:N:N01:236 849970


TARIFF NO.: 3404.90.5000

Mr. C. J. Baker
Manager supply Dept.
Albright & Wilson Americas
P.O. Box 26229
Richmond, Virginia 23260-6229

RE: The tariff classification of "Empiwax SK" from the United Kingdom

Dear Mr. Baker:

In your letter dated February 22, 1990 you requested a tariff classification ruling.

The prospective import "Empiwax SK" was tested in the United States Customs Laboratory. The report states that the sample, white thin flakes, does not meet the HTS Chapter 34, note 3 definition for organic surface active agents. It is a chemically produced organic product of a waxy character.

"Empiwax SK is an Emulsifying Wax especially suitable for use in preparation of pharmaceutical emulsifying ointments and penicillin cream bases.

Note 5.(1) of chapter 34, of the Harmonized Tariff Schedules, (HTS), states that the expression "artificial waxes and prepared waxes" applies to chemically produced organic products of a waxy character, whether or not water-soluble.

The applicable subheading for the "Empiwax SK" will be 3404.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial waxes and prepared waxes, other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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