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NY J87679




October 24, 2003

CLA-2-34:RR:NC:SP:236 J87679

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 Soda Crystals, Carbodec AB and Carbodec NS from the United Kingdom

Dear Mr. Staskiewicz:

In your letter dated July 25, 2003, you requested a tariff classification ruling.

The samples submitted are as follows:

The Soda Crystal is sold two ways. As Dri-Pak Soda Crystals, it is sold at retail for home cleaning uses and packaged in a 1kg bag. As Elco Soda Crystals it is packaged in 10kg or 25kg bags and sold directly, or through co-ops or other distributors of farm supplies for cleaning use on dairy farms.

The Carbodec AB is sold two ways. As Elco Soda Crystal Clean with Antibacterial Agent Professional Kitchen and General Cleaner, it is sold to distributors in the food service industry for use in commercial kitchens and packaged in a 4kg box. As Carbodec AB it is sold in bulk to chemical distributors/industrial users of chemicals as a crystalline alkali with antibacterial properties and generally used as an equipment and surface cleaner packaged in bulk.

The Carbodec NS is sold two ways. As Elco Multi-Use Garden Cleaner, it is sold at retail for home outdoor cleaning use and packaged in a 3kg box. As Carbodec NS, it is sold in bulk to chemical distributors/industrial users of chemicals as a crystalline alkali with nonionic surfactant generally used for equipment and surface cleaning and packaged in bulk.

Based on information provided in the submitted technical data sheet, the applicable subheading for the Dri-Pak Soda Crystals will be 3402.20.5100, 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: Other. The rate of duty will be Free.

The applicable subheading for the bulk Elco Soda Crystals will be 3402.90.5030, 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: Other: Cleaning preparations. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Elco Soda Crystal Clean with Antibacterial Agent Professional Kitchen and General Cleaner will be 3402.20.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for Preparations put up for retail sale: Containing any aromatic or modified aromatic surface-active agent. The rate of duty will be 4 percent ad valorem.

The applicable subheading for the Carbodec AB will be 3402.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for organic surface-active agents (other than soap): 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 Elco Multi-Use Garden Cleaner will be 3402.20.5100, 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: Other. The rate of duty will be Free.

The applicable subheading for the Carbodec NS will be 3402.90.5030, 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: Other: Other: Other: Cleaning preparations. The 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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