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NY N019063





November 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.94.5000

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

RE: The tariff classification of disinfectant wet wipes from China

Dear Mr. Carmon:

In your letter dated October 29, 2007, on behalf of RTS Plastics, you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

The subject product, disinfectant wet wipes, consists of 100% spun lace rayon fabric impregnated with the active ingredient, 2-methyl-3(2H)-isothiazolone (CAS-2682-20-4) which is also known as Kathon CG. Disinfectant wipes are used to clean and sanitize surfaces as well as equipment and household products. The samples submitted are packed in sealed plastic “pop-up” dispensers.

The applicable subheading for the disinfectant wet 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
Director,

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