The tariff classification of Aquacid Water Acidifier, Lisix-1 Piglet’s Hygiene, and Lisix-2 Surface Drying Agent, all packed for retail, from Canada

N084506 December 14, 2009 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2309.90.9500; 3307.90.0000; 3808.94.5000 Mr. John Mulvihill UPS Supply Chain Solutions One UPS Way Champlain, NY 12919 RE: The tariff classification of Aquacid Water Acidifier, Lisix-1 Piglet’s Hygiene, and Lisix-2 Surface Drying Agent, all packed for retail, from Canada Dear Mr. Mulvihill: In your letter dated November 11, 2009 you requested a tariff classification ruling on behalf of your client, Nuvac, Inc. Aquacid Water Acidifier is packaged for retail in 20 liter packages. It is described as an acidizing agent that optimizes farm water pH in order to improve animal zootechnical parameters. It is a blend of orthophosphoric and organic acids. It maintains a safe environment by controlling pathogens through exclusion, thus improving water quality. Aquacid improves efficiency at weaning by optimizing gastric enzymatic activity, reducing post-weaning diarrhea (including diarrhea caused by E. coli), improving animal efficiency, and increasing bioavailability of soluble minerals. Lisix-1 Piglet’s Hygiene, packaged for retail sale in a 25 kilogram jar, is an animal hygiene preparation.  The product contains calcium carbonate, bentonite, kaolin, sodium acid carbonate, and essential oils.  As stated in your letter, the product accelerates the drying process of newborn piglets thereby reducing risk of infection.  Lisix-1 Piglet’s Hygiene also prevents bacterial growth and repels insects. Lisix-2 Surface Drying Agent, packed in 25 kilogram packages for retail, contains calcium carbonate, algae, bentonite, and essential oils. It captures humidity and ammonia found in and around animals, animal litter and bedding, drinking troughs and along walls. It dries damp surfaces, reduces ammonia odor, increases the grip of hooves, repels insects and controls bacteria. The applicable subheading for the Aquacid Water Acidifier will be 2309.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Preparations of a kind used in animal feeding: Other: Other: Other: Other: Other.” The general rate of duty will be 1.4%. The applicable subheading for Lisix-1 Piglet’s Hygiene will be 3307.90.0000, HTSUS, which provides for “Pre-shave or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.” The general rate of duty will be 5.4 percent ad valorem. The applicable subheading for the Lisix-2 Surface Drying Agent will be 3808.94.5000, 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. Aquacid is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Lisix-1 is subject to the requirements of the Food, Drug and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. Questions regarding FDA requirements may be addressed to the U.S. Food and Drug Administration, Office of Cosmetics and Colors, 5100 Paint Branch Parkway, College Park, MD 20740-3835, telephone number (202) 418-3412. Lisix-2 may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, 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 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division