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NY N016823




September 13, 2007

CLA-2-29:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.69.6015

Mr. Mike Bartlett
American Shipping Company Inc.
400 Oceangate, Suite 1106
Long Beach, CA 90802

RE: The tariff classification of Trichloroisocyanuric Acid (CAS 87-90-1) Granules in bulk imported from China

Dear Mr. Bartlett:

In your letter dated September 5, 2007, you requested a tariff classification ruling on behalf of your client, Bruco Inc.

The subject product, Trichloroisocyanuric Acid (Chemical Name - 1,3,5-Trichloro-5-Triazine-2,4,6-Trione) Granules, also known as Symclosene (INN), is used as an industrial disinfectant, a bleaching agent, a swimming pool algaecide/bactericide, and also as a topical disinfectant.

You suggest that classification should be in heading 3808, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Bulk granular trichloroisocyanuric acid is excluded from classification in Chapter 38 by force of Chapter 38 Note 1(a). In order to be classifiable in its imported condition in heading 3808, it must be put up in forms or packings for retail sale or as preparations or articles.

The applicable subheading for bulk granular Trichloroisocyanuric Acid will be 2933.69.6015, HTSUS, which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Sodium dichloroisocyanurate and trichloroisocyanuric acid.” Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product is duty 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 requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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
Director,

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