The tariff classification of “Albion Cleaning Agent RR40 Concentrate Powder” from an undisclosed country

N312633 July 9, 2020 CLA-1-34:OT:RR:NC:N3:136 CATEGORY: Classification TARIFF NO.: 3402.90.5030; 9903.88.03 Mr. Yohai Baisburd Cassidy Levy Kent (USA) LLP 900 19th Street NW Washington, DC 20006 RE: The tariff classification of “Albion Cleaning Agent RR40 Concentrate Powder” from an undisclosed country Dear Mr. Baisburd: In your ruling request dated June 18, 2020, on behalf of your client, Brenntag North America, Inc., you requested a tariff classification ruling on “Albion Cleaning Agent RR40 Concentrate Powder.” You describe the subject product as a cleaning agent that consists of an alkaline chemical mixture containing sodium carbonate (CAS No. 497-19-8), trisodium orthophosphate (CAS No. 7601-54-9), and several other substances. This product has an off-white powder appearance, is partially soluble in cold water, and has a pH range of 11.0-13.0 at 1% solution. We have determined that for classification purposes, the subject product is a cleaning preparation with a basis of alkaline substances. The applicable subheading for “Albion Cleaning Agent RR40 Concentrate Powder” will be 3402.90.5030, 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: Other: Cleaning preparations. The general rate of duty will be 3.7 percent ad valorem. If the subject product is from China, the following trade remedy information is applicable. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3402.90.5030, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3402.90.5030, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division