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NY G88433




August' 2, 2001

CLA-2-38:RR:NC:2:238 G88433

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.90.0800

Mr. Thomas C. McEntee
Thomas C. McEntee Consulting and Regulatory Services 86 Parsonage Lane
Topsfield, MA 01983

RE: The tariff classification of three formulated biocides from Taiwan

Dear Mr. McEntee:

In your letter dated March 8, 2001, you requested a tariff classification ruling. We regret the delay in responding.

The three subject products are formulated biocides containing 10,10’-oxybis-10H-phenoxarsine (“OBPA”) (CAS-58-36-6), a fungistat and bacteriostat, as the active ingredient. The products are indicated for use as additives for plastics to control the growth of fungi and bacteria.

According to your letter, the first product is composed of (by weight) 5% OBPA, 20% nonyl phenol, and 75% diisodecyl phthalate. The second product is composed of (by weight) 5% OBPA and 95% vinyl chloride-vinyl acetate copolymer. The third product is composed of (by weight) 20% OBPA and 80% nonyl phenol.

The applicable subheading for all three products will be 3808.90.0800, HTS, Harmonized Tariff Schedule of the United States (HTS), which provides for "Insecticides, , disinfectants and similar products, put up in forms or packings for retail sale or as preparations : Other: Containing any aromatic or modified aromatic pesticide: Other." The rate of duty will be 6.5 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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