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NY N008825





April 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.94.5000

Mr. Kenneth M. Carmon
Bay Brokerage, Inc.
44951 County Route 191
P.O. Box 293
`Wellesley Island, NY 13640

RE: The tariff classification of Citruswirk Disinfectant Wipes from China

Dear Mr. Carmon:

In your letter dated February 5, 2007, resubmitted on March 19, 2007, on behalf of your client, RTS Plastics, you requested a tariff classification ruling.

The subject product, Citruswirk Disinfectant Wipes, consists of non-woven, disposable, wiping cloths (wipes) impregnated with a formulated disinfectant solution containing the biocides, Vantocil IB [poly(hexamethylenebiguanide) hydrochloride, (CAS-32289-58-0)] and Kathon CG [a mixture of 2-methyl-3(2H)-isothiazolone (CAS-2682-20-4) and 5-chloro-2-methyl-3(2H)-isothiazolone (CAS-26172-55-4)], as the active ingredients. Disinfectant wipes are indicated for use on surfaces and equipment such as stainless steel, Formica®, glass, tables, carts, counters, cabinets, telephones, and other hard, nonporous surfaces. You indicate in your letter that the wipes will be put up packed for retail sale in plastic “pop-up” dispensers, or in sealed, plastic pouches.

The applicable subheading for the subject wipes will be 3808.94.5000, Harmonized Tariff Schedule of the United States (HTSUS), 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): Disinfectants: Other.” The rate of duty will be 5 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 requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at 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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