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NY A84119




July 30, 1996

CLA-2-38:RR:NC:FC:239 A84119

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9050

Mr. Joe Garcia
Fractal, Inc.
9375 S.W. Commerce Circle, Suite #9
Wilsonville, OR 97070

RE: The tariff classification of Ethylene Control Products from Latin America.

Dear Mr. Garcia:

In your letter dated May 20, 1996, you requested a tariff classification ruling for Ethylene Control Filters, Ethylene Control Machines (EC-3), and Sachets. The filters and control machines (EC-3) are used in cold storage warehouses to reduce ethylene gas levels in order to increase produce shelf life. The sachets (2 «" x 3" packets filled with "power pellets" containing 9 grams potassium permanganate impregnated into an aluminosilicate substrate) are used within floral and produce boxes to control the damaging effects of ethylene gas on flowers, fruits and vegetables.

The applicable subheading for the above products will be 3824.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Thomas Brady at 212-466-5747.

Sincerely,

Roger J. Silvestri
Director

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