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NY R03528




April 5, 2006

CLA-2-29:RR:NC:2:238 R03528

CATEGORY: CLASSIFICATION

TARIFF NO.: 2908.10.6000

Mr. Stephen Provoost
Global Fairways, Inc.
181 So. Franklin Avenue, Suite 701
Valley Stream, NY 11581

RE: The tariff classification of Chloroxylenol (CAS-88-04-0) from the United Kingdom

Dear Mr. Provoost:

In your letter dated March 23, 2006, on behalf of your client, Swan Chemical, Inc., you requested a tariff classification ruling.

The subject product, Chloroxylenol, which you refer to as “para chloro meta xylenol (PCMX),” is, according to The Merck Index, 13th ed., also known by the following chemical names: 4-chloro-3,5-dimethylphenol; p-chloro-m-xylenol; 4-chloro-3,5-xylenol; parachlorometaxylenol; 2-chloro-m-xylenol; 2-chloro-5-hydroxy-m-xylene; and 2-chloro-5-hydroxy-1,3-dimethylbenzene. You describe Chloroxylenol in your letter as a broad spectrum bactericide and preservative used in controlling bacteria, mildew and fungal growth in a wide range of medical, industrial and domestic applications.

The applicable subheading for the subject product will be 2908.10.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Halogenated, sulfonated, nitrated or nitrosated derivatives of phenols or phenol-alcohols: Derivatives containing only halogen substituents and their salts: Other: Other.” Pursuant to General Note 13, HTSUS, the rate of duty will be free.

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 Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or by going to the following website: www.fda.gov/oc/bioterrorism/bioact.html.

This merchandise may also be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). Information on the Toxic Substances Control Act can be obtained by calling the EPA at 202-554-1404, or by going to the following website: www.epa.gov.

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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