Ms. Shannon A. Bryant
Innovative Water Care, LLC
1400 Bluegrass Parkway
Alpharetta, GA 30004

RE: The tariff classification of 1-Bromo-3-chloro-5,5-dimethylhydantoin Tablets from China

Dear Ms. Bryant:

In your letter dated August 23, 2019, you requested a tariff classification ruling. The subject product is 1-Bromo-3-chloro-5,5-dimethylhydantoin (BCDMH )(CAS# 32718-18-6). You also indicate bromochlorodimethylhydantoin also called BCDMH may also be utilized for the imported product. Our research indicates the CAS # for bromochlorodimethylhydantoin is 126-06-7. You state that BCDMH is a chemical which is structurally related to hydantoin. It is a white crystaline compound with a slight bromine and acetone odor and is insoluble in water, but soluble in acetone. BCDMH is used as a water treatment biocide and disinfectant. The product will be used as a disinfectant for residential and commercial pools, made available for sale in pails or drums of 20g tablets. It is indicated to be sold for retail sale in the same form as it is imported (in tablet form).

You suggest that classification for the imported tablets should be 2933.21. which provides for Heterocyclic compounds with nitrogen hetero-atom(s) only: Hydantoin and its derivatives. We disagree.

You indicate that the BCDMH, 1-Bromo-3-chloro-5,5-dimethylhydantoin (BCDMH) will be imported in 20 gram tablets used as a chemical disinfectant for recreational water sanitation.

The Explanatory Notes to Heading 3808 (HTSUS) provide that:

This heading covers a range of products (other than those having the character of medicaments, including veterinary medicaments) … intended to destroy pathogenic germs, insects (mosquitoes, moths, Colorado beetles, cockroaches, etc.), mosses and moulds, weeds, rodents, wild birds, etc.   The EN’S further provide that:

These products are classified here in the following cases only :

(1)   When they are put up in packings (such as metal containers or paperboard cartons) for retail sale as disinfectants, insecticides, etc., or in such forms (e.g., in balls, strings of balls, tablets or plates) that there can be no doubt that they will normally be sold by retail. (Bold Emphasis added)           Products put up in these ways may or may not be mixtures. The unmixed products are mainly chemically defined products which would otherwise fall in Chapter 29, … The applicable subheading for the 1-Bromo-3-chloro-5,5-dimethylhydantoin or the bromochlorodimethylhydantoin imported in tablets 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.

Products of China classified under subheading 3808.99.9501, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3808.99.9501, HTSUS, listed above. See U.S. Note 20 to Subchapter III, Chapter 99, HTSUS.

The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at and, respectively.

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 the World Wide Web 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 Paul Hodgkiss at [email protected].


Steven A. Mack
National Commodity Specialist Division