CLA-2-38:OT:RR:NC:N1:240
Ms. Jacqueline Kemper
Advanced Biocide Technologies Inc.
599 Sawgrass Corporate Parkway
Sunrise, FL 33323
RE: The tariff classification of BIOTAB7 from China
Dear Ms. Kemper:
In your letter dated September 19, 2016, you requested a tariff classification ruling.
The subject product is called BIOTAB7. The product will be imported in tablet form.
It is fully prepared, requiring only the addition of water to perform its intended biocidal action. It is indicated to be a medical grade disinfectant, deodorant, cleaner, and sanitizer. You describe it as a chlorine producing tablet. It will be manufactured in China.
As per your request, we are not including the full spectrum of ingredients or information on the manufacturing process in our finished ruling. However, the active ingredient which is available in publically available literature has been included below.
The following information is both available publically, and on the internet on the EPA.Gov website. As per your request, other ingredients which may not be publically available are not included in our finished ruling.
Biotab7, in part, contains sodium chlorite. It is intended to control microbial contamination in animal research facilities, food processing, industrial waters, pulp and papermaking process water and cutting oils. It is stated that it “Disinfects surfaces in hospitals, institutions, industrial and commercial industries.”
Additional literature suggests that “BIOTAB7 can be used to treat hard, non-porous, food contact surfaces in hospitals, medical and dental offices; food, dairy, poultry farm, mushroom production, animal research, agricultural storage (including containers, trailers, rail cars, vessels and bins), animal confinement and rearing, animal handling, livestock, hatcheries, institutional and public facilities; bottling, brewery, meat-packing, egg not for food use, poultry not for food use and fish-processing plants, food storage areas, institutional kitchens, animal transport vehicles and equipment, hotels, business and office buildings.”
The applicable subheading for the BIOTAB7 will be 3808.94.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Insecticides, …, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Disinfectants: 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 https://hts.usitc.gov/current.
This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov. 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 Paul Hodgkiss at Paul.Hodgkiss.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division