CLA-2-34:OT:RR:NC:2:236

Mr. John Conde
Novozymes Biologicals Inc.
5400 Corporate Circle
Salem, VA 24153

RE: The tariff classification of Bi-Chem Floor Cleaner Concentrate 5x, Novo DeepClean 5x and Novo DeepClean emc2 from China and France

Dear Mr. Conde:

In your letter dated October 1, 2010 you requested a tariff classification ruling.

You state in your letter that the Bi-Chem Floor Cleaner Concentrate 5x, Novo DeepClean 5x and Novo DeepClean emc2 are floor cleaning products containing surfactants and bacteria cultures. Your literature describes your products as having double action cleaning power to clean floors and surfaces. You indicate that the products will be imported in 5 gallon pails and 55 gallon drums.

The applicable subheading for the Bi-Chem Floor Cleaner Concentrate 5x, Novo DeepClean 5x and the Novo DeepClean emc2 in 5 gallon pails will be 3402.20.5100, 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: Preparations put up for retail sale: Other. The rate of duty will be Free.

The applicable subheading for the Bi-Chem Floor Cleaner Concentrate 5x, Novo DeepClean 5x and Novo DeepClean emc2 in 55 gallon drums will be 3402.90.5030, 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 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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division