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NY J87678




September 29, 2003

CLA-2-34RR:NC:SP:236 J87678

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.20.1100; 3402.20.5100; 3402.90.3000; 3402.90.5030

Mr. Michael Staskiewicz
MSO Distributing
0-1845 Leonard St. NW
Grand Rapids, MI 49544-9510

RE: The tariff classification of Liquid Soda Crystals packed only for retail sale, Carbasol AB packaged only in bulk, and Carbosol NS packaged and sold both for retail and bulk, all from the United Kingdom

Dear Mr. Staskiewicz:

In your letter dated July 25, 2003, you requested a tariff classification ruling. We apologize for the delay in our reponse.

The samples submitted are as follows:

The Liquid Soda Crystal product is packaged for retail in a plastic squeeze bottle as Dri-Pak Liquid Soda Crystals or in a plastic spray bottle as Dri-Pak Liquid Soda Crystals Spray.

The Carbosol AB is sold only one way as Elco Carbosol AB. It is packaged in bulk and is sold to chemical distributors or to industrial users of chemicals as an alkaline solution with antibacterial properties generally used for equipment and surface cleaning.

The Carbosol NS is sold three ways. As Elco Drive, Paving and Patio Cleaner it is sold at retail sale for home outdoor cleaning use and packaged in a plastic jug. As Elco Stone and Ornament Cleaner it is sold at retail for home outdoor cleaning use and packaged in a plastic spray bottle. As Elco Carbasol NS it is packaged in bulk and sold to chemical distributors or industrial users of chemicals as an alkaline solution with non-ionic surfactants generally used for equipment and surface cleaning.

The applicable subheading for the retail packed Liquid Soda Crystals will be 3402.20.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem.

The applicable subheading for bulk sale Carbasol AB will be 3402.90.3000, HTS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Containing any aromatic or modified aromatic surface-active agent. The general rate of duty will be 4 percent ad valorem.

The applicable subheading for the retail packed Carbosol NS will be 3402.20.5100, HTS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparation put up for retail sale: Other. The rate of duty will be Free. When in bulk Carbosol NS will be classified in 3402.90.5030, HTS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401 Other: Other: Cleaning preparations. The general rate of duty will be 3.7 percent ad valorem.

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 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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