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NY A83683




September 26, 1996

CLA-2-34:RR:NC:FC:236 A83683

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.20.1000; 3402.20.0000; 3402.20.5000;

Mr. Eddie Alvarez
J.O. Alvarez, Inc.
Tex-Mex Industrial Park
#1 Ramos Road
P.O. Box 1434
Laredo, Texas 78042-1434

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Toilet Block Cleaner, Toilet Block Bleach, Paste Wax and Floral Air Freshener from Canada; Article 509

Dear Mr. Alvarez:

In your letter dated May 1, 1996, on behalf of your client S.C. Johnson & Sons, you requested a binding ruling on Toilet Block Cleaner, Toilet Block Bleach, Paste Wax and Floral Air Freshener from Canada under the NAFTA.

The samples submitted are as follows:

Toilet Block Cleaner, a product used as a toilet bowl cleaner, consists of hydroxyethyl cellulose, fragrance, sodium sulfate, sodium tetraborate pentahydrate and sodium dodecyl benzene sulfonate. This product, shaped in the form of a duck, is imported and sold in a cardboard carton put up for retail.

Toilet Block Bleach, a product used to help keep toilet bowls clean and germ free, consists of bromochloro-5,5-dimethylhydantoin, halogenated hydantoin, 1,3-dichloro-5, 5-dimethylhydantoin, and 1,3-dichloro-5-ethyl-5-methylhydantoin. This product, in tablet form, is imported and sold in 1.7 .oz and 2.1 .oz containers.

Paste Wax, a product used to polish and protect wood floors, consists of an isoparaffinic hydrocarbon solvent, paraffin wax and carnauba wax. This product is imported and sold in 16 oz. wide-mouth cans.

The applicable tariff provision for the Toilet Block Cleaner will be 3402.20.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for preparations put for retail sale: Containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 5.6 percent ad valorem.

The applicable tariff provision for the Toilet Block Bleach will be 3402.20.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for preparations put for retail sale: Other. The general rate of duty will be Free. The applicable tariff provision for the Paste Wax will be 3405.20.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for polishes, creams and similar preparations for the maintenance of wooden furniture, floors or other woodwork. The general rate of duty will be 1.5 percent ad valorem.

In your letter you also request a binding ruling on Floral Air Freshener. However, the information you submitted was for "Glade Aerosol- Campo Floral" and not for Floral Air Freshener. If you wish to obtain a binding ruling on this product, a new request should be submitted and should include composition, including identity (Chemical Abstract Name and Structural Formula), percent by weight of each component and uses.

There is insufficient information provided in your letter and attachments to determine whether these goods qualify for NAFTA. In order to qualify, goods must be wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States or transformed in Canada, Mexico and/or United States in accordance with the provision of General Note 12 (b).

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 V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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