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NY N023557




March 18, 2008

CLA-2-38:OT:RR:NC:2:239

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9290

Mr. Douglas P. Beebe
Affiliated USA Inc.
193 West Service Rd.
P.O. Box 2421
Champlain, NY 12919

RE: The tariff classification of Top Bedding Equine Dry powder from Canada

Dear Mr. Beebe:

In your letter dated February 13, 2008, on behalf of your client Vipro Inc., you requested a tariff classification ruling for Top Bedding Equine Dry powder which you have stated is sold to equine farms as a bedding conditioner that absorbs humidity and neutralizes odors. A sample was submitted for our review and is being returned as requested.

The product is composed of the following ingredients: OMYA Pulpro White 30-SA (97%) – a natural calcium carbonate which provides a secondary source of absorption and acts as the neutralizing agent to stabilize the pH of the bedding and thus reduce ammonia release; IFF Unipine 85 (2.5%) - provides the product’s pine scent; and BASF Hysorb M7125 (0.5%) – a cross-linked sodium polyacrylate that provides the main source of absorption. You state in your inquiry that BASF Hysorb M7125 is the most significant component in the function of the product, in that it absorbs up to 1,000 times its weight. Top Bedding Equine Dry powder is a chemical mixture comprised of a terpene, an inorganic, and a polymer.

The applicable subheading will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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