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NY G83621




November 3, 2000

CLA-2-38:RR:NC:2:238 G83621

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.0800

Mr. Francis A. Keegan
Amco Customs Brokerage Company, Inc.
P.O. Box 264
Essington, PA 19029

RE: The tariff classification of Euxyl® K 400 from Germany

Dear Mr. Keegan:

In your letter dated October 6, 2000, on behalf of your client, Phoenix Chemical, Inc., you requested a tariff classification ruling.

The subject product, Euxyl® K 400, is a formulated biocide composed of 2-Phenoxyethanol (CAS-122-99-6) and 1,2-Dibromo-2,4-dicyanobutane (CAS-35691-65-7). Its physical appearance is that of a clear liquid. According to the product literature, Euxyl® K 400 is indicated for use as a preservative for cosmetic products, and is claimed to be equally effective against bacteria, yeasts and mould fungi.

The applicable subheading for Euxyl® K 400 will be 3808.90.0800, 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: Containing any aromatic or modified aromatic pesticide: Other." The rate of duty will be 6.5 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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