The tariff classification, marking, country of origin, and status under the North American Free Trade Agreement (NAFTA) of “Auto Dish Powder Detergent” from Mexico

N236776 January 25, 2013 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.20.5100 Ms. Karen Leiber For the Earth Company 5333 S. Kyrene Road, Suite 101 Tempe, AZ 85283 RE: The tariff classification, marking, country of origin, and status under the North American Free Trade Agreement (NAFTA) of “Auto Dish Powder Detergent” from Mexico Dear Ms. Leiber: In your ruling request dated December 21, 2012, you requested a tariff classification, marking, country of origin, and status under the North American Free Trade Agreement (NAFTA) ruling. Your submission describes the “Auto Dish Powder Detergent” as lemon scented dish cleaning powder for use in automatic dishwashers. The detergent will be imported in 45 ounce and 75 ounce retail boxes. You have stated that “Auto Dish Powder Detergent” contains a surfactant, which is not aromatic or modified aromatic. The applicable subheading for “Auto Dish Powder Detergent” will be 3402.20.5100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Preparations put up for retail sale: Other. The general rate of duty will be free. You have indicated that the country of origin for the product at issue is Mexico; therefore imported shipments must by marked “MADE IN MEXICO” in a conspicuous, legible, and permanent manner as described in 19CFR 134.11. You have inquired as to the status of the product at issue under the North American Free Trade Agreement (NAFTA). Based on the above provided tariff classification, special duty rates do not apply to products with a general duty rate of free. 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 Nuccio Fera at (646) 733-3034. Sincerely, Thomas J. Russo Director National Commodity Specialist Division