Ms. Anita K. Lee
Marubeni America Corporation
450 Lexington Avenue
New York, NY 10017-3984

RE: The tariff classification of Ionpure WPA from Japan

Dear Ms. Lee:

In your letter dated July 11, 2008, you requested a tariff classification ruling.

The subject product, Ionpure WPA, is a preparation, in the form of a fine powder, which consists of a soluble-type glass (98.4% by weight), containing 1.6% by weight elemental silver (from silver-magnesium-aluminum-phosphate complex) as the active ingredient. According to the EPA label, Ionpure WPA is indicated for use as a preservative for use in the manufacture of plastic films, interior paint, paper coatings, adhesives, and synthetic fibers. It is designed to be incorporated into these various materials at various stages of their manufacturing process to preserve the integrity of the manufactured materials. The powder can be incorporated as an integral part of the manufactured materials throughout their entire thickness, or as a film over the products’ surfaces. It is directly incorporated into the materials in its condition as imported. The anti-microbial property of Ionpure WPA is stated to be based on the ability of the glass powder to retain silver as ions, gradually releasing them (i.e., the silver ions) when the powder comes into contact with water or moisture. Silver-containing microbiocides have been developed and utilized as antimicrobial agents on and within a number of different substrates and surfaces.

The applicable subheading for the Ionpure WPA will be 3808.99.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, … , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Containing an inorganic substance.” The rate of duty will be 5 percent ad valorem.

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

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski
National Commodity
Specialist Division