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NY 866461

SEP 26 1991

CLA-2-29:S:N:N1:239 866461

CATEGORY: CLASSIFICATION

TARIFF NO.: 2710.00.4590; 3823.90.4500

Mr. Joseph P. Jiuliano
Giulini Corporation
105 East Union Avenue
Bound Brook, NJ 08805

RE: The tariff classification of Gilugel Min from Germany.

Dear Mr. Jiuliano:

In your letter dated May 23, 1991, you requested a tariff classification ruling for Gilugel Min. Gilugel Min is a gel containing 20 percent aluminum magnesium hydroxy stearate and 80 percent mineral oil.
Based on information you have furnished the aluminum magnesium hydroxy stearate is the basic constituent and the principle uses of the product is to emulsify and suspend, increase thermal stability, and function as a gelling agent in a cosmetic or pharmaceutical formulation. Under these circumstances the applicable subheading for Gilugel Min will be 3823.90.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas. The rate of duty will be 7 percent ad valorem.

If the product is used as a source of mineral oil in a formulation the applicable subheading would be 2710.00.4590, HTS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon. The rate of duty will be 10.5 cents per barrel

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.

Sincerely,

Jean F. Maguire

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