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NY L81877




February 7, 2005

CLA-2-38:RR:NC:2:239 L81877

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Mr. Milton Hamburger
PhibroChem
65 Challenger Rd., Third Floor
Ridgefield, NJ 07660

RE: The tariff classification of “Elasocean” from Japan.

Dear Mr. Hamburger:

In your letter dated December 29, 2004, you requested a tariff classification ruling for “Elasocean” which you have stated will be used as a cosmetic ingredient added to creams and lotions to help improve the skin’s elasticity. The product is composed of hydrolyzed elastin and methyl-4-hydroxybenzoate.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for 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.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-443-6332.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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