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NY B83692





May 22, 1997

CLA-2-29:RR:NC:2:238 B83692

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.2700

Mr. Paul Broden
Toa Medical Electronics (U.S.A.), Inc.
10716 Reagan Street
Los Alamitos, CA 90720

RE: The tariff classification of Tomicide-S, imported in bulk form, from Japan

Dear Mr. Broden:

In your letter dated March 3, 1997, you requested a tariff classification ruling.

The subject product, Tomicide-S, consists of Sodium 2-pyridinethiol-1-oxide (CAS-3811-73-2) dissolved in water. The concentration of Sodium 2-pyridinethiol-1-oxide is stated to be 40%. You indicate that Tomicide-S is used as an antimicrobial agent in the preparation of specific products manufactured for clinical laboratory use.

With respect to your request for a tariff classification ruling on Proxel-GXL, please be advised that we require a written statement from the manufacturer showing the percentage, by weight, and function of each ingredient (i.e., 1,2-Benzisothiazolin-3-one; dipropylene glycol; and water) making up the product. When this information is available, you may wish to resubmit your request. If so, please include a copy of this ruling letter with your submission.

Pursuant to Note 1(d), Chapter 29, HTSUS, the applicable subheading for Tomicide-S, imported in bulk form, will be 2933.39.2700, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Other." The rate of duty will be 10.7 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), and/or the Toxic Substances Control Act (TSCA), which are both administered by the U.S. Environmental Protection Agency. Questions concerning FIFRA should be directed to the Office of Pesticide Programs, telephone number 703-305-7092. Questions concerning TSCA should be directed to the TSCA Information Assistance Service, telephone number 202-554-5603.

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 Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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