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NY F86519




May 17, 2000

CLA-2-38:RR:NC:2:238 F86519

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.40.5000

Mr. David Thompson
GHY USA, Inc.
572 South Fifth Street, Suite 2
P.O. Box 155
Pembina, ND 58271

RE: The tariff classification of CoolerClean Spray® from the Netherlands

Dear Mr. Thompson:

In your letter dated April 19, 2000, on behalf of your client, SW5 Systems, you requested a tariff classification ruling.

The submitted sample, CoolerClean Spray®, consists of a plastic pump-spray bottle containing 100 ml of a bactericidal preparation, in liquid form. According to information submitted by your client, the preparation contains hydrogen peroxide (2.1875% by weight) as the active ingredient. The product is used to disinfect critical contact points between water coolers and replacement water bottles, such as the point of contact between the bottle opening and the pin in the opening of the cooler. The product is also used to disinfect various parts of the water cooler itself, such as the mouth of water taps, which come into contact with the water.

The applicable subheading for the subject product will be 3808.40.5000, 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 : Disinfectants: 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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