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NY B85220




April 28, 1997

CLA-2-38:RR:NC:2:238 B85220

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.7000

Mr. Christopher J. Colford
Mitsui & Co. (U.S.A.), Inc.
200 Park Avenue
New York, NY 10166-0130

RE: The tariff classification of Apacider AW from Japan

Dear Mr. Colford:

In your letter dated April 17, 1997, you requested a tariff classification ruling.

The subject product, Apacider AW, consists of a formulated mixture, in powder form, containing elemental silver (2.03%) as the active ingredient, with the inert ingredients consisting of zinc calcium phosphate (phosphoric acid, calcium zinc salt) and silica. You state that Apacider AW is added to various materials (e.g., fibers, plastic films, molded plastics, paper coatings, paints, adhesives), during various stages of their manufacture, to suppress the growth of bacteria and mold, which would otherwise impart unpleasant odors or discolorations to the treated materials.

The applicable subheading for Apacider AW 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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