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NY B84284




April 15, 1997

CLA-2-38:RR:NC:2:238 B84284

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.7000

Mr. Brent Reider
International Trade Group, Inc.
Postal Drawer 21877
Columbus, OH 43221-0877

RE: The tariff classification of a stabilized chlorine dioxide (ClO2) solution ("Aqua Cure") from Sweden

Dear Mr. Reider:

In your letter dated January 28, 1997, resubmitted on April 11, 1997, you requested a tariff classification ruling.

The subject product consists of a formulated mixture containing stabilized chlorine dioxide (ClO2) in solution, which is generated by the product's active ingredient, sodium chlorite (NaClO2). The product, which is referred to on a submitted label as a "water disinfectant", will be used to kill bacteria and protozoa found in otherwise potable water. You state in your letter that, although the product does not have a U.S. registered trade name at this time, you have applied to the U.S. Patent & Trademark Office to have it registered under the name of "Aqua Cure".

The applicable subheading for the subject product, imported in bulk form, or imported put up in forms or packings for retail sale, will be 3808.90.7000, 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: Other: Containing an inorganic substance." The rate of duty will be 5 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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