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NY N017189

September 27, 2007



TARIFF NO.: 2923.90.0000

Mr. Robert Dahl
DuraBan International Inc.
230 Capital Drive, Suite 300
Buffalo, MN, 55313

RE: The tariff classification of MicrobeGuard™ in bulk form, from China

Dear Mr. Dahl:

In your letter dated September 17, 2007, you requested a tariff classification ruling.

The subject product, MicrobeGuard™, is a silicone quaternary ammonium salt. It is an antimicrobial agent that is used to manufacture other antimicrobial products. MicrobeGuard™ contains the active ingredient 3-(Trimethoxysilyl)propyl dimethyl octadecyl ammonium chloride (CAS-27668-52-6), which is a U.S. Environmental Protection Agency (EPA) registered disinfectant.

The applicable subheading for the MicrobeGuard™ in bulk form, will be 2923.90.0000 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined: Other”. The rate of duty will be 6.2 percent.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

 This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov.

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 646-733-3033.


Robert B. Swierupski

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