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NY E88574




November 2, 1999

CLA-2-38:RR:NC:2:238 E88574

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.40.1000

Gabriel Ibarra-Pardo, Esq.
Escobar E Ibarra Abogados
Calle 86 No. 22 – Piso 3°
Santafé de Bogotá, Colombia
South America

RE: The tariff classification of Sumaquater and SU 321 from Columbia

Dear Mr. Ibarra - Pardo:

In your letter dated October 4, 1999, on behalf of your client, Unilever Andina S.A., you requested a tariff classification ruling.

The two subject products, Sumaquater and SU 321, which are described in the technical specification sheets as disinfectants for industrial use, each consist of a blue, transparent liquid containing alkyldimethyl benzyl ammonium chlorides (quaternary ammonium salts) as the disinfecting ingredient (9% by weight). In addition, each product contains a nonionic surfactant (7.5% by weight), which is stated to impart “[a] slight detersive activity.” The technical specification sheet for Sumaquater indicates that it is mainly used in the “Institutional Sector” to clean and disinfect industrial kitchens in hotels, clinics, hospitals, fast food chains, and industrial restaurants, while SU 321 is mainly used to sanitize equipment used in the “Food and Beverage Industry.” In our opinion, these products are primarily used for their disinfectant properties; their surfactant properties are subsidiary to the primary function of disinfection.

The applicable subheading for both of the subject products will be 3808.40.1000, 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 (for example, sulfur-treated bands, wicks and candles, and flypapers): Disinfectants: Containing any aromatic or modified aromatic disinfectant." The rate of duty will be 6.5 percent ad valorem. Articles classifiable under subheading 3808.40.1000, HTS, which are products of Colombia may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at Error! Bookmark not defined.. At the web site, click on “CEBB,” then search for the term “GSP.”

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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