Mr. Ivan Kychenko
The Health of Nations
2623 Ocean Avenue
Brooklyn, NY 11229

RE: The tariff classification of a swimming pool “starter kit” from Ukraine

Dear Mr. Kychenko:

In your letter dated May 31, 2019, you requested a tariff classification and marking ruling.

The subject product is a swimming pool “starter kit” for the treatment of pool water. It is indicated to be used to open the pool and prepare the water for swimming. The kit is imported in a retail cardboard box, which is sealed in clear plastic. The box contains the following ingredients:

Mini Chlorine - Sodium Dichloroisocyanurate (CAS # 2893-78-9) in tablet form; Tablets Super – Trichloroisocyanuric acid (CAS # 87-90-1) in tablet form pH Minus – Sodium Bisulfate – (CAS # 7681-38-1) in powder form. Flocker in Cartridges – Aluminum Sulfate (CAS # 10043-01-3) in tablet form, presented in a fiber bag. (Plastic floater cartridge included) Mini Tester 2-in1- to measure pH and Chlorine level (5 pcs) in individual blister packs. Thermometer (liquid) plastic casing. Sticker- 4 small plastic stickers (marketing material with company logo)

The instant merchandise is packed together in a sealed cardboard box which contains instructions for use printed on the outside box label.

The classification of sets is governed by General Rule of Interpretation (GRI) 3(b). Harmonized System Explanatory Note (X) to GRI 3(b) states that the term “goods put up in sets for retail sale” refers to goods that (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

The Mini Chlorine tablets and the Tablets Super are classifiable in Heading 3808. The pH minus and the Flocker in Cartridges are classifiable in Chapter 28. The Mini Testers are classifiable in Heading 3822. The stickers paper stickers are classifiable in Chapter 49. The plastic thermometer is classifiable as a swimming pool accessory of Chapter 95.

Our review shows that that the article as imported is “in retail form”, consists of at least two different articles which are prima facie classifiable in different headings, and are put up together to meet a particular need. It is our opinion that the instant article is a “set” for classification purposes. The essential character of the set is provided by the function of the chlorinating tablets. The chlorinating tablets contains the active ingredient, Trichlorisocyanuric Acid, which is also known as Symclosene (INN). It is used as an industrial disinfectant, a bleaching agent, a swimming pool algaecide/bactericide, and also as a topical disinfectant.

The applicable subheading for the Swimming pool “Starter Kits” will be 3808.99.9501, 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: Other: Other.” The rate of duty will be 5% 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

You also asked for a review for Country of Origin Marking purposes.

You also have requested a review for country of origin for marking purposes. You did not provide manufacturing information on any of the products contained in the above set. There is a section on the labels that indicate a manufacturing address in Ukraine. You indicate in your request letter that the Country of Origin for all items in the set is Ukraine. No information was provided to verify the origin.

The submitted sample is not marked with its country of origin either on the outside, of the box or on the individual items contained in the set. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The pool “starter kits” must be marked with wording that satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The marking must allow the ultimate purchaser to be able to find the marking easily and read it without strain. The words "Made in Ukraine" or similar wording, must appear legibly, permanently and conspicuously such that it will remain on the article until it reaches the ultimate purchaser. If contents are sourced from multiple countries then each item must be marked per the cited regulations.

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 Paul Hodgkiss at [email protected].


Steven A. Mack
National Commodity Specialist Division