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NY 853752


JUL 11 1990

CLA-2-38:S:N:N1:238 853752

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.2000, 3307.90.0000

Mr. Tony Sambrotto
John V. Carr and Son, Inc.
560 Delaware Avenue
Buffalo, NY 14201

RE: The tariff classification of insecticidal and cat shampoo products from Canada.

Dear Mr. Sambrotto:

In your letter dated June 19, 1990, on behalf of CCL Industries/U.S.A. you requested a tariff classification ruling.

The products described as Sergeants Indoor Fogger and Sergeants Flea and Tick spray are formulated insecticides containing an aromatic insecticide as the active ingredient. The products are put up in aerosol spray cans.

The applicable subheading for the Sergeants Indoor Fogger and the Sergeants Flea and Tick spray will be 3808.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides put up in retail packaging, insecticides, other, containing any aromatic or modified aromatic insecticide. The rate of duty will be 1.8 cents per Kilo plus 9.7 percent ad valorem

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382- 2090.

The product described as Sergeants Foam and Comb dry shampoo for cats, cleans and grooms cat's coat and also kills fleas. It is composed of a mixture of coconut oil fatty acid, oleic acid, triethanolamine, propylene glycol, perfume, water, insecticide, a synergist and a propellant. It is put up in an aerosol spray can.

The applicable subheading for the Sergeants Foam and Comb dry shampoo for cats will be 3307.90.0000, HTS, which provides for other toilet preparations. The rate of duty will be 5.4 percent ad valorem.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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
Area Director

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