NY L89224 - The tariff classification of “METAL-SAFE,” “SIGN-SAFE,” “MARKER REMOVER,” “GENERAL PURPOSE CLEANER,” and “PROTECTIVE COATING” from Australia - United States International Trade Commision Rulings

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NY L89224

April 7, 2006

CLA-2-:RR:NC:2:236 L89224

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.90.3000; 3402.90.5030; 3209.10.0000

Mr. Bob Kuntz
Wipeout Graffiti, LLC
3920 Youngfield Street
Wheat Ridge, CO 80033

RE: The tariff classification of “METAL-SAFE,” “SIGN-SAFE,” “MARKER REMOVER,” “GENERAL PURPOSE CLEANER,” and “PROTECTIVE COATING” from Australia

Dear Mr. Kuntz:

In your letter dated November 17, 2005, you requested a tariff classification ruling. Our laboratory analyzed the samples you submitted with your request.

The first product, “METAL-SAFE” (a clear-to-pale-yellow liquid with a mild, lemon-like odor), is a cleaning preparation containing an aromatic or modified aromatic surface-active agent. The product is intended for removal of graffiti from metal surfaces.

The second product, “SIGN-SAFE” (a clear-to-pale-yellow liquid with a mild, lemon-like odor), is a cleaning preparation containing a non-aromatic surface-active agent. The product is intended for removal of graffiti from signs.

The third product, “MARKER REMOVER” (a clear-to-pale-yellow liquid with a mild, lemon-like odor), is a cleaning preparation containing a non-aromatic surface-active agent. The product is intended for removal of text-based graffiti.

The fourth product, “GENERAL PURPOSE CLEANER” (a colorless liquid with an orange-oil odor), is a cleaning preparation containing a non-aromatic surface-active agent. The product is intended for removal of graffiti.

The fifth product, “PROTECTIVE COATING” (a white, milky liquid with a mild, alcohol odor), is an acrylic-based varnish dispersed in an aqueous medium. The product is intended for the protection of hard surfaces from graffiti.

The applicable subheading for “METAL-SAFE” will be 3402.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 4 percent ad valorem.

The applicable subheading for “SIGN-SAFE,“ “MARKER REMOVER,” and “GENERAL PURPOSE CLEANER” will be 3402.90.5030, Harmonized Tariff Schedule of the United States (HTSUS), 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 “PROTECTIVE COATING” will be 3209.10.0000, HTSUS, which provides for “Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium: Based on acrylic or vinyl polymers.” The rate of duty will be 5.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski

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