The tariff classification of “Novo DeepClean plus CAN,” “Novo Mac 10X FF,” “Novo SurfClean C3 (Deep Clean Outdoor),” “Bi-Chem XP 151,” and “Porta-Treat Concentrate” from China and France

N193375 February 14, 2012 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.90.3000; 3002.90.5150; 3402.90.5050 Mr. John Conde Novozymes Biologicals, Inc. 5400 Corporate Circle Salem, VA 24153 RE: The tariff classification of “Novo DeepClean plus CAN,” “Novo Mac 10X FF,” “Novo SurfClean C3 (Deep Clean Outdoor),” “Bi-Chem XP 151,” and “Porta-Treat Concentrate” from China and France Dear Mr. Conde: In your ruling request submitted 11/17/2011, on behalf of Novozymes Biologicals, Inc., you requested a tariff classification ruling on “Novo DeepClean plus CAN,” “Novo Mac 10X FF,” “Novo SurfClean C3 (Deep Clean Outdoor),” “Bi-Chem XP 151,” and “Porta-Treat Concentrate.” In response to our further inquiry, you stated that none of the five products are suitable for retail sale. You have described “Novo Deep Clean plus CAN” as a hard surface cleaner. We have determined that this product is a preparation containing intermixtures of surface-active agents. You have described “Novo Mac 10X FF” as primarily used for drain treatment and grease degradation in grease traps. We have determined that this product is a preparation containing intermixtures of surface-active agents. You have described “Novo SurfClean C3 (Deep Clean Outdoor)” as a hard surface cleaner. We have determined that this product is a preparation containing intermixtures of surface-active agents. You have described “Bi-Chem XP 151” as a hard surface cleaner. We have determined that this product contains viable bacterial cultures on a salt carrier; it does not contain any organic surface active agents or cleaning compounds. You have described “Porta-Treat Concentrate” as a product used in portable toilets to reduce odors and degrade waste. We have determined that “Porta-Treat Concentrate” is a preparation containing intermixtures of non-aromatic or non-modified non-aromatic surface-active agents. The applicable subheading for “Novo Deep Clean plus CAN,” “Novo Mac 10X FF,” and “Novo SurfClean C3 (Deep Clean Outdoor)” will be 3402.90.3000, Harmonized Tariff Schedule of the United States (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 agent. The general rate of duty will be 4 percent ad valorem. The applicable subheading for “Bi-Chem XP 151” will be 3002.90.5150, HTSUS, which provides for “Human blood; … , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The general rate of duty will be free. The applicable subheading for “Porta-Treat Concentrate” will be 3402.90.5050, HTSUS, which provides for Organic surface-active agents (other than soap); surface- active preparations, washing preparations (including auxiliary washing preparation) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other. 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 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 Nuccio Fera at (646) 733-3434. Sincerely, Thomas J. Russo Director National Commodity Specialist Division