HQ 082227: Classification of Labrafil products from France

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 082227

                                    March 16, 1989


            CLA-2 CO:R:C:G  082227 JGH

            CATEGORY:  Classification

            TARIFF NO.:  465.95

            Area Director of Customs
            JFK Airport Area
            JFK Airport, Bldg. 178
            Jamaica, New York  11430

            RE:  Classification of Labrafil products from France

            Dear Sir:

                 Decision on Application for Further Review of Protest No.
            1001-7-013476, on the classification Labrafils.

            FACTS:

                 Labrafils are described as emulsifiers in topical and
            injectible pharmaceuticals as well as cosmetics and are used to
            improve the product's diffusion characteristics.  Labrafils are
            composed of either apricot kernel oil or hydrogenated palm
            oil/palm kernel oil and PEG -6 (polyethylene glycol).

                 A Customs laboratory report states that the sample of
            Labrafil examined was a yellow oil, essentially a mixture of
            nonbenzenoid surface active agents, fatty ether esters or
            polyhydric alcohol of types not sulfonated or sulfated.

            ISSUE:

                 Whether Labrafils are classified as surface active agents
            in item 465.95, TSUS, or as other fatty acid esters in item
            465.10,TSUS.























                                         - 2 -

            LAW AND ANALYSIS:

                 In behalf of the protestant it is stated that Headnote 1,
            Part 8A , Schedule 4, TSUS, defines surface active agents as
            being chiefly used for any one or a combination of the
            following purposes:  As a detergent, wetting agent,
            emulsifiers, dispersant, or foaming agents.  Labrafils, it is
            contended, are marketed as emulsifiers and used for their
            dispersing characteristics.  The technical literature submitted
            indicates that they are mild emulsifiers.

                 The products are mixtures of vegetable oils and
            polyethylene glycol and are not merely fatty substances of
            animal or vegetable origin.

                 Labrafils are classifiable as surface active agents in
            item 465.95, TSUS.

            HOLDING:

                 The protest is allowed in full.

                 The protestant should be furnished a copy of this decision
            with the Form 19 Notice of Action.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
























            6cc:  Area Director, New York Seaport
            2cc:  Chief, CIE
            1cc:  Regional Commissioner New York
            1cc:  Regulatory Trade & Programs Division Rm. 1328
            JGHurley:jaj:1/30/89