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NY L86923




August 19, 2005

CLA-2-38:RR:NC:2:238 L86923

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.7000

Ms. Jodi Ader
Engelhard Corporation
1011 Wood Street, Suite 202
Houston, TX 77002

RE: The tariff classification of Aseptrol® Cleaner/Sanitizer FG, Aseptrol® SE-Tab 1, Aseptrol® G-Tab 10 and Aseptrol® S-Tab 10 chlorine dioxide release agents, from Germany

Dear Ms. Ader:

In your letter dated August 8, 2005, you requested a tariff classification ruling.

The subject products, namely: Aseptrol® Cleaner/Sanitizer FG, Aseptrol® SE-Tab 1, Aseptrol® G-Tab 10, and Aseptrol® S-Tab 10, are formulated biocides for the generation of chlorine dioxide, and contain Sodium Chlorite (CAS-7758-19-2) as the active ingredient. Aseptrol® Cleaner/Sanitizer FG and Aseptrol® S-Tab 10 are put up in powder and tablet forms; Aseptrol® SE-Tab 1, Aseptrol® G-Tab 10 are put up in tablet form. These products are unreactive in their dry forms (i.e., powder, tablets), and produce chlorine dioxide only when exposed to moisture in the ambient atmosphere, or when they come into contact with water. Product Information sheets submitted with your ruling request letter indicate, among other things, that “Pesticidal registrations for Aseptrol chlorine dioxide release agents are on file with the U.S. Environmental Protection Agency (EPA) for treating cooling towers, emergency drinking water, car wash recycle water, water softeners, microbial control in animal confinement facilities, to kill odor-causing bacteria in carpeting, ice machines and footwear as well as to sanitize hard, nonporous food-contact surfaces and utensils.” An article found on your firm’s Website states that “Chlorine dioxide has been used in industry for more than 50 years and is considered as the ‘ideal biocide’.” Another article found on your firm’s Website characterizes chlorine dioxide as a “potent biocide used for many years to disinfect municipal water and in numerous other large-scale applications.”

The applicable subheading for all four products 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 (for example, sulfur-treated bands, wicks and candles, and flypapers): 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 are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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