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NY 868448

December 18, 1991

CLA-2-34:S:N:N1:240 868448

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.20.1000; 3405.90.0000; 3820.00.0000

Mr. Rupert Sue-Wah-Sing
Kleen-flo International Inc.
3959 N. Buffalo Road
Orchard Park, N.Y. 14127

RE: The tariff classification of Multi Kleen, Protectant, Motor Conditioner and Fuel Injector Gas Line Antifreeze and Wash'n Wax Liquid from Canada

Dear Mr. Sue-Wah-Sing:

In your letter dated October 28, 1991, you requested a tariff classification ruling.

Multi Kleen is an all purpose, non-corrosive, heavy duty cleaner packaged in a 12 ounce container for retail sale. The applicable HTS subheading for Multi Kleen will be 3402.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: organic surface-active agents, preparations put up for retail sale: containing any aromatic or modified aromatic surface-active agent. The duty rate will be 6.6 percent ad valorem.

Articles classifiable under subheading 3402.20.1000 HTS, which have originated in the territory of Canada, will be entitled to a 2.6 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Protectant is a multi purpose polish primarily composed of mineral oil and silicones. As stated in your letter, this product will protect and beautify vinyl, treated leather, rubber and plastic surfaces and is packaged in a 5 ounce container for retail sale. The applicable HTS subheading for Protectant will be 3405.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt nonwovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), excluding waxes of heading 3404: other. The duty rate will be 2.5 percent ad valorem.

Articles classifiable under subheading 3405.90.0000 HTS, which have originated in the territory of Canada, will be entitled to a 1 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Motor Conditioner and Fuel Injector Gas Line Antifreeze is primarily composed of propanol and xylene. As stated in your letter, it contains two products in one. It is designed to condition gasoline engines by protecting the fuel system from varnish build-up while absorbing moisture in the fuel preventing frozen gas lines. The applicable HTS subheading for Motor Conditioner and Fuel Injector Gas Line Antifreeze will be 3820.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for antifreezing preparations and prepared deicing fluids. The duty rate will be 12 percent ad valorem.

Articles classifiable under subheading 3820.00.0000 HTS, which have originated in the territory of Canada, will be entitled to a 4.8 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Wash'n Wax Liquid is a liquid shampoo and waxing system designed to clean and protect automotive finishes and packaged in a 16.5 ounce and 1 gallon containers for retail sale. The applicable HTS subheading for Wash'n Wax Liquid will be 3402.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: organic surface-active agents, preparations put up for retail sale: containing any aromatic or modified aromatic surface-active agent. The duty rate will be 6.6 percent ad valorem.

Articles classifiable under subheading 3402.20.1000 HTS, which have originated in the territory of Canada, will be entitled to a 2.6 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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