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NY 885935





May 25, 1993

CLA-2-:S:N:N7:238 885935

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.2000

Ms. Jeannie H. Liem
A. I. International (U.S.A)
4808 S.W. Scholls Ferry Road
Portland, OR 97225

RE: The tariff classification of Bio-Sure SG and Bio-Sure SGD microbicide preparations for the treatment of water, from Japan

Dear Ms. Liem:

In your letter dated September 24, 1992, resubmitted on May 5, 1993, you requested a tariff classification ruling.

Bio-Sure SG and Bio-Sure SGD are microbicide preparations for water treatment which have both domestic and industrial applications. Bio-Sure SG is specified for use in the killing of algae, for slime removal and as a rust-and-scale preventative agent in cooling towers, cooling water reservoirs, swimming pools, fountains, ponds, etc. Bio-Sure SGD is specified mainly for use in the treatment of drinking water. Each product is made up in the form of small pieces of a soluble-type of glass. Although each type of glass differs with respect to its chemical composition, they both contain 1% Silver oxide (by weight) as the active ingredient. When immersed in water, the pieces of glass gradually dissolve, causing the formation of silver ions. These silver ions, in turn, exhibit a disinfectant effect on bacteria and other organisms, such as algae, found in the water, and eventually destroy them. You state in your letter that these products are, in their imported condition, packaged and suitable for retail sale.

The applicable subheading for Bio-Sure SG and Bio-Sure SGD will be 3808.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides, ... , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles ... : other: other: containing an inorganic substance. The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, SW, Washington, DC 20460, telephone number (202) 554-1404 or EPA Region II at (908) 321-6669.

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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