CLA-1-28:OT:RR:NC:N3:136

Joseph Walter
Livingston International
670 Young Street
Tonawanda, New York 14150

RE: The tariff classification of three Aqueous Sodium Chlorite Solutions from Canada

Dear Mr. Walter:

In your ruling request dated August 19, 2022, on behalf of your client, ERCO Worldwide LP, you requested a tariff classification ruling on three Aqueous Sodium Chlorite Solutions.

Your submission describes the subject products as ERCOPURE BCD-25 (25% aqueous sodium chlorite solution), ERCOPURE BCD-31 (31% aqueous sodium chlorite solution), and SODIUM CHLORITE SOLUTION 37 (37% aqueous sodium chlorite solution). You state that the three subject products are separate chemically defined compounds, dissolved in water with an added stabilizer, which meet the terms of Note 1 to Chapter 28, Harmonized Tariff Schedule of the United States (HTSUS). These products are not put-up in measured doses or for retail sale and will serve as precursors to chlorine dioxide and other chlorite solutions.

The applicable subheading for all three of the Aqueous Sodium Chlorite Solutions will be 2828.90.0000, HTSUS, which provides for Hypochlorites; commercial calcium hypochlorite; chlorites; hypobromites: Other. The general rate of duty will be 3.7% 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 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