CLA-2-34:OT:RR:NC:2:236
Deborah A. Howell
Nalco, an Ecolab Company
1601 W. Diehl Road
Naperville, IL 60563
RE: The tariff classification of five cleaning products from an undisclosed country
Dear Ms. Howell:
In your ruling request dated July 26, 2017, you requested a tariff classification ruling on five cleaning products.
Your submission indicates that all five cleaning products will be imported in a condition ready for sale to the end-customer without any further processing or repackaging. You describe the five products at issue as follows:
“1111927 QSR Oven Cleaner” is comprised of non-aromatic surfactants and other substances. It will be imported in 1 quart spray bottles (4 bottles per case). This product is intended to be used for food plant, institutional, industrial, and professional use.
“10422 QC91 HD Heavy Duty Acid Bathroom Cleaner” is comprised of non-aromatic surfactants and other substances. It will be imported in 1.3 liter bottles (2 bottles per case). This product is intended to be used for cleaning commercial buildings, institutional, industrial, and professional use.
“12963 PanTastic Pot and Pan Detergent” is comprised of non-aromatic surfactants and other substances. It will be imported in quarts (item 13003, 9 per case), gallons (item 12963, 4 per case), and 5 gallon pails (item 12971). This product is intended to be used by commercial customers.
“6300171 Lift RT” is comprised of aromatic surfactants and other substances. It will be imported in 55 gallon drums (item 6300171) and 304 gallon totes (item 6300172). This product will be sold directly to commercial users and is intended to be used for food plant and industrial cleaning of concrete, quarry tile, and epoxy coated flooring.
“6100673 Greasecutter Plus” is comprised of non-aromatic surfactants and other substances. It will be imported in 55 gallon drums. This product is a heavy-duty degreaser, which will be sold directly to commercial users and is intended to be used for food plant and industrial cleaning.
You have suggested classifying the five above products in subheading 3402.20, Harmonized Tariff Schedule of the United States (HTSUS). In accordance with Headquarters Ruling, HQ 953754, we have determined your suggested subheading to be incorrect for products 4 and 5, described above. Products 4 and 5 are imported in large containers (55 gallon drums and 304 gallon totes), which may also be sold to parties that will repackage and resell them, therefore we find these products not put up for retail sale as imported.
The applicable subheading for “1111927 QSR Oven Cleaner,” “10422 QC91 HD Heavy Duty Acid Bathroom Cleaner,” and “12963 PanTastic Pot and Pan Detergent” will be 3402.20.5100, 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.
The applicable subheading for “6300171 Lift RT” will be 3402.90.3000, 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: Other: Other: Containing any aromatic or modified aromatic surface-active agents. The general rate of duty will be 4 percent ad valorem.
The applicable subheading for “6100673 Greasecutter Plus” will be 3402.90.5030, 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: Other: Other: Other: Cleaning preparations. The general rate of duty will be 3.7 percent ad valorem.
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 https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division