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NY 892520

November 24, 1993

CLA-2-38:S:N:N7:235 892520


TARIFF NO.: 3823.90.5050 and 3926.90.9590

Mr. John R. Ramirez
Vice President
James G. Wiley Co.
5305 West 102nd Street
P.O. Box 90008
Los Angeles, CA. 90009-0008

RE: The tariff classification of the Instant Drain Opener from Germany.

Dear Mr. Ramirez:

In your letter dated November 15, 1993, you requested a tariff classification ruling on behalf of your client, Envirocare Distributors Inc.

The Instant Drain Opener is composed of several plastic devises which are not unlike a long flashlight. The tube part contains a universal adapter to be used with an aersol cannister. The cannister contains 1,1,1,2-tetrafluoroethane and acetone which when released is supposed to open the drain. Other plastic pieces are provided to fit various drains and to hold the devise airtight to the drain. The cannister and the devise will be imported separately.

The applicable subheading for the cannister with the contents will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for chemical mixtures not elswhere indicated. The rate of duty will be 5 percent ad valorem.

The plastic components are classified in HTS 3926.90.9590 and are dutiable at the rate of 5.3 percent ad valorem

The gas cannister may be subject to the regulations of the Environmental Protection Agency. Their adress is 401 M Street, S.W., Washington D.C. 20460 or you may call them at 1-800-858- 7377.

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 been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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