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NY N017005




September 25, 2007

CLA-2-38:RR:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.99.7000

Ms. Beata Crotty
UPS Supply Chain Solutions
231 North Third Street
Pembina, ND 58271

RE: The tariff classification of PUR Clean Drinking Water Kit and replacement packets of PUR chemical from various countries

Dear Ms. Crotty:

In your letter dated August 30, 2007, on behalf of Reliance Products LP, you requested a tariff classification ruling. The samples which you submitted are being retained by this office.

The subject product, PUR Clean Drinking Water Kit, is used for outdoors and for emergency preparedness to obtain clean drinking water. The kit consists of the following: 1 plastic collapsible mixing container
1 plastic collapsible storage container
1 plastic stirring wand
1 piece of 30 cm x 30 cm cotton cloth
1 plastic packet opener
3 packets of PUR chemical (Iron Sulphate and Calcium Hypochlorite)

The PUR chemical packets consist of the active bactericidal ingredient, calcium hypochlorite, which is a chlorine based disinfectant that is used to kill bacteria and viral bugs in the water, and iron sulphate, a flocculating agent. First, you pour this packet into the dirty water to be treated and stir for 5 minutes. As you stir, flocculating and coagulating agent pulls most of the organic and sediment contamination from the water. Then, after waiting another 5 minutes, the organic material and sediment captured settles to the bottom of the container and the water is virtually clear. You then pour the water into the clean water container through the cloth filter and leave it to sit for 20 minutes. The end result is clean drinking water with a slight chorine taste similar to municipal tap water. This kit is registered with the U.S. Environmental Protection Agency (EPA) as a bactericidal water purifier.

The PUR Clean Drinking Water Kit is considered to be a set for tariff classification. In our opinion, the PUR chemical packet is the essential character of the set. The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.

In addition, you also requested a tariff classification ruling for replacement packets of PUR chemical consisting of Iron Sulphate and Calcium Hypochlorite. This packet is used to purify dirty water into clean drinking water.

The applicable subheading for the PUR Clean Drinking Water Kit and the replacement packets of PUR chemical will be 3808.99.7000, 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): Other: Other: Other: Containing an inorganic substance”. The rate of duty will be 5%.

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.

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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