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May 12, 1999

CLA-2-38:RR:NC:2:238 E81669

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.3000; 3808.90.9500

Frederick L. Ikenson, Esq.
Frederick L. Ikenson, P.C.
1621 New Hampshire Avenue, N.W.
Washington, D.C. 20009

RE: The tariff classification of BODOXIN, BIOBAN® N-95, FUELSAVER®, BIOBAN® P-1487 and BIOBAN® TS, from Germany

Dear Mr. Ikenson:

In your letter dated April 20, 1999, on behalf of your client, ANGUS Chemical Company, you requested a tariff classification ruling.

The first subject product, BODOXIN, is a formulated biocide containing a mixture of 2-methyl-3(2H)-isothiazoline (CAS-2682-20-4) - also known as 2-methyl-4-isothiazolin-3-one - and 5-chloro-2-methyl-3(2H)-isothiazolone (CAS-26172-55-4) - also known as 5-chloro-2-methyl-4-isothiazolin-3-one - as the active ingredient. It is used to preserve metalworking fluids.

The second subject product, BIOBAN® N-95, is a formulated preservative for metalworking fluids. It contains the following active ingredients: 5-hydroxymethoxy-methyl-aza-3,7-dioxabicyclo (3.3.0) octane (CAS-59720-42-2); 5-hydroxypoly[methyleneoxy(74% C2, 21% C3, 4% C4, 1% C5)] methyl-aza-3,7-dioxabicyclo(3.3.0) octane (CAS-56709-13-8); and 5-hydroxy-methyl-1-aza-3,7-dioxabicyclo (3.3.0) octane (CAS-6542-37-6).

The third subject product, FUELSAVER®, which, you indicate, is also known as GASAVER™, is a formulated antimicrobial agent for preserving fuels. It contains two active ingredients, namely: 4-(2-nitrobutyl)morpholine (CAS-2224-44-4) and 4,4'-(2-ethyl-2-nitrotrimethylene)dimorpholine (CAS-1854-23-5).

The fourth subject product, BIOBAN® P-1487, is a formulated antimicrobial agent containing the same two active ingredients found in FUELSAVER® (see above). It is indicated for use in metalworking fluids, die-cast lubricants and mold-release agents, and water-based inks (non-food contact).

The fifth subject product, BIOBAN® TS, is a formulated tankside antimicrobial agent for microbial control in metalworking fluids. Chemically, it contains the same two active ingredients found in FUELSAVER® and BIOBAN® P-1487 (see above), plus 55% of the coupling agent, tripropylene glycol monomethyl ether.

The applicable subheading for BODOXIN will be 3808.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “[I]nsecticides, ... , 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: Formulated biocides based on 2-methyl-4-isothiazolin-3-one, or 2-n-octyl-4-isothiazolin-3-one, or 4,5-dichloro-2-n-octyl-4-isothiazolin-3-one, or mixtures of 5-chloro-2-methyl-4-isothiazolin-3-one and 2-methyl-4-isothiazolin-3-one; and Metaldehyde.” The rate of duty will be free.

The applicable subheading for BIOBAN® N-95, FUELSAVER®, BIOBAN® P-1487 and BIOBAN® TS will be 3808.90.9500, HTS, which provides for “[I]nsecticides, ... , 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.” The rate of duty will be 5 percent ad valorem.

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, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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 212-637-7068.

Sincerely,

Robert B. Swierupski

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