CLA-2-38:OT:RR:NC:N3:140
Dr. Shehan M.G. de Silva
Meraki (Private) Limited
131/6 Kirulapone Avenue
Colombo 05, 00500
Sri Lanka
RE: The tariff classification of Carbothrm Disinfectant, and Carboglyd Lubricant from Sri Lanka
Dear Dr. de Silva:
In your letter dated August 12, 2020, you requested a tariff classification ruling for the following products from Sri Lanka.
Item 1
Carbothrm - a disinfectant based on colloidal graphite
Item 2
Carboglyd - a colloidal graphite and water based lubricant
The first product is called Carbothrm. It is described as a “Facemask disinfectant using heat.” It is packaged in a 120 ml plastic spray bottle. Instructions on the back label states to “Aim at mask outside surface and wet area with one application”. After applying, it indicates to allow to dry naturally or under a heat source. It is indicated to be a non-flammable, non-alcohol based disinfectant. Product labeling also indicates that the product safely and rapidly heats the coated surface to 75°C, killing 99% of the Corona Virus. It is stated to contain nano-graphite pure carbon, graphene platelets, stabilizer and water. The products principle use is indicated to be “Rapid, Dry Disinfection of facemasks and other similar porous PPE using heat.”
You suggest classification under Harmonized Tariff Schedule of the United States (HTSUS) subheading 3808.59.40, which provides for Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, 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): Good specified in subheading note 1 to this chapter: Other: Disinfectants. We disagree. The product is marketed and labeled as a disinfectant; however, it does not have a pesticide present in the ingredients, as listed in Subheading Note 1 to Chapter 38. The product uses a nano-graphite and graphene mixture, in conjunction with heat, to perform its disinfectant function.
The second product is called Carboglyd. It is a colloidal graphite, and water based lubricant. It is indicated to be a suspension of nano graphite, and to consist of graphene platelets made from graphite, in colloidal form. You state that it combines the best benefits of both wet and dry lubricants. In your request, you indicate that it “Lubricates moving parts such as chains, hinges, wheels, pulleys, rollers and gears. Penetrates, lubricates and protects locks, bolts, automobile parts, machinery, roller and ball bearings, guide rails, 3D printer rails, sliding doors, moulds, threaded rods, furniture and such.”
It is imported in a 120ml retail squeeze bottle. It is indicated to contain water, graphite, colloidal graphite, nano graphite, graphite nano platelets, graphene and a surfactant.
The applicable subheading for the Carbothrm will be 3808.94.5090, 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: Other." The general rate of duty will be 5 percent ad valorem.
Articles classifiable under subheading 3808.94.5090, HTSUS, which are products of Sri Lanka are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
The applicable subheading for the Carboglyd will be 3801.20.0000, HTSUS, which provides for: Colloidal or semi-colloidal graphite. The rate of duty will be free.
You also requested a review of the country of origin, of both products, for marking purposes. You provided an image of the products with the phrase “Made in Sri Lanka” printed on the label.
In your request letter you stated that:
“These items will be exported from and are manufactured in Sri Lanka, and clearly labelled with country of origin and manufacturer on the label contained on the product. The source material (very high purity Graphite) was entirely mined in Sri Lanka. The processes of converting the raw form in to Colloidal graphite and graphite nano platelets were carried out in Sri Lanka. The packing of the material in to the containers were carried out in Sri Lanka.”
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in Code of Federal Regulations (CFR) section 134.41(b), provides that, the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of imported Carbothrm Disinfectant and Carboglyd Lubricant, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported Carbothrm Disinfectant and Carboglyd Lubricant.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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 the 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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division