The tariff classification of "Selfeel" and "Carfeel" from Japan.

NY R01600 April 7, 2005 CLA-2-38:RR:NC:2:239 R01600 CATEGORY: Classification TARIFF NO.: 3824.90.3900; 3824.90.9190 Ms. Shelly Hess N.I. Logistics American Corporation 12480 NE Marx Street Portland, OR 97230 RE: The tariff classification of “Selfeel” and “Carfeel” from Japan. Dear Ms. Hess: In your letter dated March 8, 2005, on behalf of your client Sojitz Corporation of America, you requested a tariff classification ruling for “Selfeel” and “Carfeel” which you have stated are specialized liquid anti-mold air catalysts. Once sprayed, they are oxygen-reactive, and decompose atmospheric organic compounds such as bacteria, mold spores, and organic compounds such as formaldehyde, toluene, and styrene. Both contain a titania compound, ferrous sulfate, and water, with Carfeel also containing an amphoter polymer compound for deodorizing. You believe that classification should be 3808.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides … , fungicides, … , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Fungicides: Other: Other: Containing an inorganic substance.” Both products are precluded from this provision because this is not a pesticide registered with the Environmental Protection Agency (EPA), and although they may have a secondary “pesticidal” effect, that mechanism is not the primary selling point.  The applicable subheading for Selfeel will be 3824.90.3900, Harmonized Tariff Schedule of the United States (HTS), 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: mixtures of two or more inorganic compounds: other. This provision is duty free. The applicable subheading for Carfeel will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides 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. 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 Andrew Stone at 646-733-3032. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division