Ms. Donna L. Bade
Sandler, Travis & Rosenberg, P.A.
225 W. Washington Street, Suite 1550
Chicago, IL 60606

RE: The tariff classification of Zinc Pyrithione Slurry from China

Dear Ms. Bade:

In your letter dated September 17, 2009, on behalf of your client, The Procter & Gamble Distributing Company, you requested a tariff classification ruling.

The subject merchandise, Zinc Pyrithione Slurry, is a preparation containing the zinc pyrithione, water, an anti-caking agent, a dispersing agent, and a preservative blend. Zinc pyrithione inhibits the growth of fungi, yeast, mold and bacteria. It is a broad-spectrum biocide used as an industrial preservative, an active anti-bacterial ingredient in cosmetics, an anti-dandruff ingredient in shampoos, and in antifouling paints and sealants.

The applicable subheading for the Zinc Pyrithione Slurry will be 3808.99.0800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, 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: Containing any aromatic or modified aromatic pesticide: Other.” The rate of duty will be 6.5 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