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NY M83675




June 5, 2006

CLA-2-38:RR:NC:2:239 M83675

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Mr. Adam Lander
Engelhard Corporation
101 Wood Avenue
Iselin, New Jersey 08830-0770

RE: The tariff classification of "Seanergilium® BG", "Cylasphere" and "Extraliss NAT", imported in bulk form, from France

Dear Mr. Lander:

In your letter dated May 16, 2006, you requested a tariff classification ruling for "Seanergilium® BG", "Cylasphere" and "Extraliss NAT". "Seanergilium® BG" is a mixture of algae extract, butylene glycol and methyl paraben. "Cylasphere" is a mixture of deionized water, butylene glycol, retinol 10S, 1% diocide, carbopol 980, less than 1% tocopherol, acacia gum and propylene glycol alginate. "Extraliss NAT" is a mixture of pea extract, butylene glycol, sodium chloride, xanthan gum and a paraben solution containing ethy-, methyl-, butyl-, propyl- isobutyl- paraben and less than 5% phenoxyethanol. As stated in your letter, each of the above products is a raw material used in the manufacture of cosmetics.

The applicable subheading for "Seanergilium® BG", "Cylasphere" and "Extraliss NAT" will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides 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. 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, 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.

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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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