The tariff classification of “Mister Plumber Drain Opener” from China

N195637 January 3, 2012 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.20.1100 Ms. Jann Futrell Dollar Tree Stores, Inc. 500 Volvo Parkway Chesapeake, VA 23320 RE: The tariff classification of “Mister Plumber Drain Opener” from China Dear Ms. Futrell: In your ruling request dated November 25, 2011, on behalf of Dollar Tree Stores, Inc., you requested a tariff classification ruling on “Mister Plumber Drain Opener.” Your submission included a sample of the retail packaging (empty 40 oz. plastic container). The label on the back of the container listed the ingredients as Water, Sodium Hypochlorite, Sodium Hydroxide, and Surfactants. As requested, the sample will be returned. In your ruling request letter, you suggest the product be classified within Chapter 38 of the Harmonized Tariff Schedule of the United States (HTSUS). We have reviewed your classification suggestion and found it to be incorrect. The product contains surface-active agents, which are specifically provided for in Chapter 34 (HTSUS). The applicable subheading for “Mister Plumber Drain Opener” will be 3402.20.1100, (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 3401: Preparations put up for retail sale: Containing any aromatic or modified aromatic surface-active agent. The rate of duty will be 4 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, Robert B. Swierupski Director National Commodity Specialist Division