Classification of water-insoluble surface-active products follows Heading 3824 when Chapter 34 water-mixture requirements are not met.

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....Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates depends on the tariff headings and Chapter Note 3 to Chapter 34. Classification as an organic surface-active agent under CTI 3402 1300 requires satisfaction of both the prescribed water-mixture condition and surface-tension reduction. Test results showing a translucent liquid separating into two layers failed the requirement of a liquid or stable emulsion without separated insoluble matter. HSN Explanatory Notes place water-insoluble surface-active products outside Heading 3402 and under Heading 3824 where no more specific heading applies. The imported goods were therefore classified under CTI 3824 9090/3824 9990, rendering the proposed duty, interest and penalties unsustainable.....