Fungicidal preparation classification places zinc pyrithione dispersion under Chapter 38, not as a pyridine derivative.

Clean Bio Zinc, an aqueous dispersion of zinc pyrithione, is treated as a fungicidal preparation rather than a pyridine derivative. Zinc pyrithione was noted to have fungistatic and bacteriostatic properties and to be used as an anti-dandruff and antimicrobial ingredient. Because Chapter 38 covers fungicides and similar products presented as preparations, and because heading 38.08 excludes such disinfectants and insecticides from Chapter 29, the product was classified under CTH 3808, specifically CTH 38089290, instead of CTH 2933.39.29 or CTH 2933.39.90.

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Issues: Whether Clean Bio Zinc (48% aqueous dispersion of zinc pyrithione) is classifiable under CTH 2933.39.29/2933.39.90 as a derivative of pyridine or under CTH 3808.92.90/3808.99.90 as a fungicidal preparation.

Analysis: Zinc pyrithione was found to be a coordination complex having fungistatic and bacteriostatic properties and to be widely used as an anti-dandruff ingredient and as an antimicrobial agent. The heading for Chapter 38 covers insecticides, fungicides and similar products not only when put up for retail sale but also when presented as preparations or articles. The product is an aqueous dispersion of zinc pyrithione and therefore has the character of a preparation with fungicidal properties. The material was also treated as an insecticide or fungicide under the Insecticides Act, 1968, and Chapter 29 was held inapplicable because disinfectants, insecticides and similar products put up as described in heading 38.08 are excluded from Chapter 29. The more specific classification on the facts was thus found in heading 3808 rather than as a residual pyridine derivative under Chapter 29.

Conclusion: Clean Bio Zinc is classifiable under CTH 3808, specifically CTH 38089290, and not under CTH 2933.39.29 or CTH 2933.39.90.

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