The tariff classification of Contram™ ST-1 from Germany

N196446 February 7, 2012 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2934.99.9000 Mr. Joesph Eskra The Lubrizol Corporation 29400 Lakeland Blvd Wickliffe, OH 44092 RE: The tariff classification of Contram™ ST-1 from Germany Dear Mr. Eskra: In your letter dated December 8, 2011, you requested a tariff classification ruling. We apologize for the delay as the information submitted was sent to our NY laboratory for analysis. The subject product, Contram™ ST-1, is a highly concentrated industrial bactericide containing 100 percent of N,N-Methylenebismorpholine (CAS-5625-90-1), as the active ingredient. It is designed primarily for use in metalworking fluid concentrates and it is effective against both gram-negative and gram-positive bacteria. It is not put up for retail sale nor is it an article. You suggest classification for Contram™ ST-1 should be in heading 3808 as a biocide preparation. In order to be classifiable in its imported condition in heading 3808, the merchandise must be put up in forms or packings for retail sale or as preparations or articles. Chapter 38 Note 1(a) (2) specifically excludes separate chemically defined elements or compounds with the exception of insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products put up as described in heading 3808. It is our determination that Contram™ St-1 meets the definition of Chapter 29 Note 1(a) as a separate chemically defined organic compound, whether or not containing impurities. The applicable subheading for the Contram™ ST-1 will be 2934.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Other: Other: 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 (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: tsca-hotline@epa.gov or by visiting their website at www.epa.gov. 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division