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3
N194635
December 21, 2011
CLA-2-38:OT:RR:NC:2:238
CATEGORY: Classification
TARIFF NO.: 3808.99.9500
Mr. Paul Meyer
Masterpiece International, Ltd.
615 N Nash Street, Suite 300
El Segundo, CAS 90245
RE: The tariff classification of Magnolia Black Algaecide (CAS-87-90-1), Magnolia Chlorinating Tablets, Magnolia Chlorinating Granules (CAS-51580-86-0), Magnolia Brominating Tablets and Magnolia Algaecide Concentrate 60% from India
Dear Mr. Meyer:
In your letter dated November 28, 2011, you requested a tariff classification ruling on behalf of JHK Distribution, Inc.
The first product, Magnolia Black Algaecide, contains 99% of Trichloroisocyanuric Acid (CAS-87-90-1) (88% available chlorine), as the active ingredient. Per the technical literature submitted, it is indicated for the treatment of black algae. In your letter, you indicated it will be packaged ready for retail sale.
The second product, Magnolia Black Chlorinating Tablets in 1 inch and 3 inch tablets, contains the active ingredient, Trichloroisocyanuric Acid (CAS-87-90-1), an algaecide and bactericide. In your letter, you indicated it will be packaged ready for retail sale.
The third product, Magnolia Chlorinating Granules in bulk form contains 99% of Sodium Dichloro-s-Triazinetrione Dihydrate (CAS-51580-86-0) (56% available chlorine), as the active ingredient. In your letter, you indicated it will be packaged ready for retail sale.
The fourth product, Magnolia Brominating Tablets, contains the active ingredient, 1-bromo-3-chloro-5,5-dimethylhydantoin (CAS-16079-88-2), a bactericide, algaecide and disinfectant. In your letter, you indicated it will be packaged ready for retail sale.
The last product, Magnolia Algaecide concentrate 60%, contains Poly(oxyethylene) (dimethylimino)ethylene(dimethylimino)ethylene dichloride (CAS-31512-74-0), as the active ingredient. Per the technical literature submitted, it is indicated for the treatment and prevention of black and mustard algae in swimming pools. In your letter, you indicated it will be packaged ready for retail sale.
The applicable subheading for Magnolia Black Algaecide, Magnolia Chlorinating Granules, Magnolia Chlorinating Tablets, Magnolia Brominating Tablets and Magnolia Algaecide Concentrate 60% all packaged ready for retail sale will be 3808.99.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, 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: Other: Other." The rate of duty will be 5% ad valorem.
Your inquiry does not provide enough information for us to give a classification ruling on the bulk form of all of the products listed above. Your request for a classification ruling should include the full chemical identification (names and CAS numbers) by weight of all the components including the inert ingredients and any application adjuvants. We would also need a description on how it will be used. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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/.
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 Judy Lee at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division