CLA-2-34:OT:RR:NC:2:236

Mr. Michael D. Robertson
MG Chemicals Ltd.
9347-193rd Street
Surrey BS V4N 4E7 Canada

RE: The tariff classification of pre-moistened biodegradable hand wipes from China

Dear Mr. Robertson:

In your letter dated November 16, 2010 you requested a tariff classification ruling.

Your literature states that you plan to import pre-moistened biodegradable hand wipes. The biodegradable hand wipes will be saturated with a hand cleaning formula containing surfactants, emulsifiers, softeners and additional hand cleaning ingredients. You indicate that the biodegradable wipe is made of paper.

The essential character of the pre-moistened biodegradable hand wipes is imparted by the hand cleaning liquid and the wipe acts as a carrier for the hand cleaning formula.

The applicable subheading for the biodegradable hand wipe will be 3401.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; paper, wadding, felt and nonwovens impregnated, coated or covered with soap or detergent: Soap and organic surface-active products and preparations, in form of bars, cakes, molded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: Other. The rate of duty will be Free.

This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332.

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/.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division