CLA-2-38:OT:RR:NC:N3:140
Mr. Jorge Cigarroa
Cigarroa Dispatch Inc.
PO Box 642
Laredo, TX 78042
RE: The tariff classification of Clarasol Spray Disinfectant from Mexico
Dear Mr. Cigarroa:
In your letter dated January 17, 2022, you requested a tariff classification ruling on behalf of your client, Industrias JLC SA de CV.
The subject product is called Clarasol. It is an aerosol canned disinfectant for spray use. You indicate that Clarasol environmental disinfectant kills 99.9% of bacteria and viruses “that can isolate on surfaces at home that are harmful for your family’s health.” It is suggested for use in trash cans, kitchen surfaces, restrooms, upholstery, carpets, bathroom surfaces, pet areas, sick rooms, toys, and tables. It is stated to kill influenza AH1N1 virus, S.Aureus, E. Coli, S. Typhi, and A. Brasiliensis, and other harmful microorganisms.
The applicable subheading for the Clarasol Spray Disinfectant will be 3808.94.5095, Harmonized Tariff Schedule of the United States (HTSUS), which which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up informs or packing for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Disinfectants: Other.” The general rate of duty is 5% ad valorem.
The instant merchandise may be eligible for preferential tariff treatment under the USMCA if meeting all the requirements of that agreement.
The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (“GN”) 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states:
For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a “good originating in the territory of a USMCA country” only if—
the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;
the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials;
the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o)); …
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