NCS/ARS/CL/10188

You requested a tariff classification ruling for a product: KRONES colclean AD 1002 to be imported in twelve (12) 1200-kilogram Intermediate Bulk Containers (IBC). 

DESCRIPTION OF THE PRODUCT
According to your MSDS and supporting documents, the product is a bottle washer additive that will be combined with caustic soda to wash bottles. It is a mixture containing products of chapters 28 and 29 which when combined enhance the cleaning efficacy and the dirt-carrying capability of detergents or cleaning formulas. They include: - 

• 20% Tetrasodium ethylene diamine tetraacetate
• 2.5% Trisodium nitrilotriacetate
• 1.5% Sodium glycollate
• 1.5% Glycine, N-(carboxymethyl)-N-[2-[(carboxymethyl)amino] ethyl]
• 0.5% Sodium hydroxide. 

Tetrasodium ethylene diamine tetraacetate, Trisodium nitrilotriacetate & Glycine, N-(carboxymethyl)-N-[2-[(carboxymethyl)amino] ethyl] are chelating agents that prevent metal ions like calcium and magnesium from chemical reactions by binding them during the cleaning process. While Sodium glycollate is a surfactant and the Sodium hydroxide acts as a base for the mixture.

These chemicals are generally used in processes such as water treatment and industrial cleaning and can be used independently or in cleaning preparations and detergents.
 
TARIFF CLASSIFICATION

Given that the primary function and property of this mixture is to enhance the effectiveness of caustic soda as a cleaning agent as described in the technical data sheet you provided, classification under tariff heading 34.02. Organic surface-active agents (other than soap); washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 34.01, merit consideration. 
Explanatory Note 34.02 (C) states that ‘Cleaning or de-greasing preparations, not having a basis of soap or other organic surface-active agents. (ii) Degreasing or cleaning preparations, used, e.g., in dairies or breweries, and with a basis of:

      -     alkaline substances such as sodium carbonate or caustic soda, or

      -     solvents and emulsifiers.

      This group of products may contain small quantities of soap or other surface-active agents.'

       The cleaning preparation at issue has a base of caustic soda and fulfils the description of cleaning preparation described in EN 3402(C) (ii) and is effectively classified in tariff heading   3402.90.00. 00 as ‘other cleaning preparations’ at 20% duty rate with 7.5% VAT in the ECOWAS CET 2022 - 2027.

LEGAL FRAMEWORK AND JUSTIFICATION
GIR 1 & 6