The tariff classification of “Obstetrical Antiseptic Towelettes” and “Benzalkonium Chloride Towelettes” from China

N219358 June 27, 2012 CLA-2-34:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3402.20.1100 Mr. Brian Herter Hellmann Worldwide Logistics, Inc. 10450 Doral Blvd. Doral, FL 33178 RE: The tariff classification of “Obstetrical Antiseptic Towelettes” and “Benzalkonium Chloride Towelettes” from China Dear Mr. Herter: In your ruling request dated May 22, 2012, on behalf of your client, PSS World Medical, you requested a tariff classification ruling. Your submission included a 2” x 2” sealed sample of each product, labeled for retail use. You state that the towelettes are used to help prevent skin infections and in tests such as OB exams. When opened, both towelettes are sterile and measure 5” x 7”. The first towelette (part number 269) is made of paper and is saturated with benzalkonium chloride and sodium bicarbonate. The second towelette (part number 268), is made of paper and is saturated with benzalkonium chloride, sodium bicarbonate, fragrance, and o-phenylphenol. Both products contain the aromatic surfactant benzalkonium chloride. The essential character of both towelettes is imparted by the saturating solution, while the paper towelette acts as a carrier for solution. The applicable subheading for the Obstetrical Antiseptic Towelettes (part number 269) and Benzalkonium Chloride Towelettes (part number 268) will be 3402.20.1100, 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 3401: Preparations put up for retail sale: Containing any aromatic or modified aromatic surface-active agent. The general 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, Thomas J. Russo Director National Commodity Specialist Division