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NY 894076




March 18, 1994

CLA-2-38:S:N:N7:238 894076

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.40.1000

Mr. Herbert Matos
Matos Enterprises, Inc.
11107 Ladino Street
Boca Raton, FL 33428

RE: The tariff classification of Disinfectant INGLEZ Eucalypt from Brazil.

Dear Mr. Matos:

In your letter dated November 17, 1993, resubmitted on January 13, 1994, you requested a tariff classification ruling.

The subject product, which you refer to as "Disinfectant INGLEZ Eucalypt", is a disinfectant preparation containing 17.35%, by weight, of Benzalkonium chloride (CAS-85409-22-9) as the active ingredient (bactericide). You indicate that the product is used to disinfect "fixed" (non-moving) surfaces, such as floors, walls, and bathrooms.

The applicable subheading for the subject product will be 3808.40.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides, ... , disinfectants and similar products, put up in forms or packing for retail sale or as preparations or articles ... : disinfectants: containing any aromatic or modified aromatic disinfectant. The rate of duty will be 1.8 cents per kilogram plus 9.7 percent ad valorem.

Articles classifiable under subheading 3808.40.1000, HTS, which are products of Brazil, are entitled to duty-free treatment, under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations.

With respect to your request for a tariff classification ruling on the product described as "Modified Acrylic Copolymer", please be advised that a ruling cannot be issued without the following information: 1) the chemical name, CAS Reg. No., and percentage composition by weight of each comonomer in the copolymer, and 2) the form (e.g., liquid, emulsion, suspension, etc.) in which the product will be imported. When this information is available, you may wish to resubmit your request. 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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