CLA-2-28:OT:RR:NC:2:236

Mr. Chris L. Henderson
Phil Patterson, Inc.
1209 Harney St., Suite 250
Omaha NE 68102

RE: The tariff classification of Smart Salt SMS concentrate (CAS 1044829-32-4) from Finland

Dear Mr. Henderson:

In your letter on behalf of The Scoular Company dated August 24, 2010 you requested a tariff classification ruling.

The literature that you submitted was analyzed by our laboratory.

Your literature describes the Smart Salt SMS concentrate (FCC magnesal or magnesium ammonium potassium chloride, hydrate) as a patented co-crystallized triple salt made of magnesium chloride hexahydrate, ammonium chloride and potassium chloride. The Smart Salt SMS concentrate is a separately defined chemical compound, chloride salt.

The applicable subheading for the Smart Salt SMS concentrate will be 2827.39.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chlorides, chloride oxides and chloride hydroxides; bromides and bromide oxides; iodides and iodide oxides (con.): Other chlorides (con.): Other: Other. The rate of duty will be 3.7 percent ad valorem.

This merchandise may be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm.

This product may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, telephone: 1-888-463-6332.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division