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NY 816416




November 9, 1995

CLA-2-38:R:N2:238 816416

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.3000

Mr. Chris Liordos
Mr. Roach Killer
789 Warden Avenue, Unit 4
Scarborough, Ontario, M1L4C2, Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Mr. Roach Killer Paste Formula 2500 from Canada; Article 509

Dear Mr. Liordos:

In your letter dated October 23, 1995, you requested a ruling on the status of Mr. Roach Killer Paste Formula 2500 from Canada under the NAFTA.

The subject product is a formulated paste containing boric acid as the active ingredient. It is to be used in cracks and crevices for the control and elimination of cockroaches, ants, and silverfish. You indicate in your letter that the boric acid is produced in the United States and then shipped to Canada, in bulk form, where it is combined with various inert ingredients to produce the finished (formulated) product. The finished product is then exported for sale in the United States. You also indicate that the plastic bottles, in which the finished product is shipped from Canada to the United States, are also manufactured in the United States.

The applicable tariff provision for the subject product will be 3808.10.3000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Other: Containing an inorganic substance." The general rate of duty will be 5 percent ad valorem.

The subject product, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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