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NY R01295




January 20, 2005

CLA-2-38:RR:NC:2:238 R01295

CATEGORY: CLASSIFICATION

TARIFF NO.: 3822.00.5090

Mr. Joel S. Douglas
Mystic Aqua Products
66 Neptune Drive
Groton, CT 06340

RE: The tariff classification of AquaHelper EasyDip 3-way bromine and 3-way chlorine spa and pool test strips from Poland. Correction to Customs Ruling Number R01193.

Dear Mr. Douglas:

This ruling is being issued to correct Customs Ruling Number R01193, dated January 5, 2005. The ruling letter erroneously indicated the country of origin as China,.instead of Poland (the correct country of origin). A complete corrected ruling follows.

In your letter dated December 15, 2004, you requested a tariff classification ruling.

The subject products, AquaHelper EasyDip 3-way bromine and 3-way chlorine spa and pool test strips, are used to measure the bromine or chlorine level, pH, and alkalinity of the water in one’s pool or spa. This is a requisite to maintaining the bromine or chlorine at the proper concentration, and the pH and alkalinity within the recommended ranges. The test strips are supplied in plastic containers (50 strips/container), which are labeled with directions for use.

The applicable subheading for the subject products will be 3822.00.5090, Harmonized Tariff of the United States (HTS), which provides for “Diagnostic or laboratory reagents on a backing, prepared diagnostic or laboratory reagents, whether or not on a backing, other than those of heading 3002 or 3006: Other: Other.” The rate of duty will be free.

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 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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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