HQ 082109: Classification of certain emulsifiers and surface active agents 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 082109

                                    March 14, 1989


            CLA-2 CO:R:C:G  082109 JGH

            CATEGORY:  Classification

            TARIFF NO.: HTSUS 465.10; 465.95

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

            RE:  Classification of certain emulsifiers and surface active
                 agents from France

            Dear Sir:

                 Decision on Application for Further Review of Protest
            No.1001-7-011816, classification of emulsifiers and surface
            active agents

            FACTS:

                 MOD is said to be a branched-chain fatty alcohol ester
            used in cosmetics as a mineral oil substitute.  Its chemical
            name is octyldodecyl myristate, a palm seed oil derivative
            which is neither sulfonated or sulfated.  Customs classified
            this product under the provision for butylene glycol or
            propylene glycol in item 428.30, TSUS.

                 Monthyle is described as an additive for cosmetic lotions
            and used for its pearling effect in shampoos.  Its chemical
            name is glycol stearate, a palm oil derivative.  Customs
            classified it under the provision for other alcohols,
            polyhydric (including glycols, polyglycols, diols, and
            polyols), and esters, and ether-esters and substituted
            derivatives or any of the foregoing in item 428.47, TSUS.

                 Emulcire is a nonionic self emulsifying base for topically
            applied creams or lotions.  It is described as a fatty alcohol
            and ethoxylated fatty alcohol mixture.  Customs also classified
            this product in item 428.47, TSUS.


















                                         - 2 -

            ISSUE:

                  Whether the products are classifiable under the provision
            for fatty substances of animal or vegetable origin, not
            sulfonated or sulfated, in item 465.05, TSUS; or as surface
            active agents in item 465.95; or for other polyhydric alchols,
            ether esters and substituted derivatives in 428.47, TSUS.

            LAW AND ANALYSIS:

                 The protestant claims that MOD and Monthyle are
            classifiable under the provisions for fatty substances in item
            465.05, TSUS, and that Emulcire is classifiable under the
            provision for surface active agents in item 465.95, TSUS.

                 Monthyle is a fatty substance, not sulfated or sulfonated;
            a fatty acid ester of polyhydric alcohol and is classified in
            item 465.05, TSUS.

                 MOD or octyldodecyl myristate is a fatty substance not
            sulfonated or sulfated, n.s.p.f. fatty ester derived from palm
            oil in item 490.92, TSUS.

                 Emulcire is a fatty alcohol and ethoxylated fatty alcohol;
            an emulsifier which is a mixture of two fatty substances
            provided for in item 491.00, TSUS.

            HOLDING:

                 The protest is allowed in part and denied in part.

                 A copy of this decision should be furnished the protestant
            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 and Trade Programs Division Rm. 1328
            JGHurley:jaj:1/30/89 retype/gc/3/10/89