Miraculous Insecticide Chalk from China; Modification of New York Ruling Letter (NYRL) 874450, dated May 22, 1992

HQ 952174 November 25, 1992 CLA-2 CO:R:C:F 952174 ALS CATEGORY: Classification TARIFF NO.: 3808.10.2000 Ms. Juanita S. Domning Richard Murray and Company 109 North Conception Street P.O. Drawer 30 Mobile, AL 36601 RE: Miraculous Insecticide Chalk from China; Modification of New York Ruling Letter (NYRL) 874450, dated May 22, 1992 Dear Ms. Domning: In the referenced ruling letter you were advised that formulated insecticide put up in the form of chalk sticks was classifiable in subheading 3808.90.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have been asked by our New York Seaport Area Office to reconsider the result reached in that ruling. FACTS: "Miraculous Insecticide Chalk" is a formulated insecticide product in the form of chalk sticks packaged in small boxes of two sticks each. The active ingredient in the product is deltamethrin (prior name decamethrin was discontinued). Deltamethrin (CAS 52820-00-5), known by the trade name "Decis", is a pyrethroid, a synthetic compound produced to duplicate or improve on the biological activity of the active principles of the pyrethrum plant. The product is intended for use against roaches or ants, and is applied by scraping it against the surfaces where these insects transverse. ISSUE: What is the proper classification of insecticide chalk? - 2 - LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order. In NYRL 874450 the product was classified in subheading 3808.90.1000, HTSUSA. That heading covers pesticides put up in packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Containing any aromatic or modified aromatic pesticide. Since the product which was the subject of the aforementioned ruling was an insecticide and not a pesticide, we concluded that such classification was erroneous. In considering the heading under which the instant product, an insecticide packaged for retail, should be classified, we concluded that it was properly classified at the 4 digit level in heading 3808, HTSUSA. That heading provides, in pertinent part, for "[i]secticides...put up in forms or packaging for retail sale...." We, however, concluded that, at the 8 and 10 digits level, the instant product should be classified under the provisions for insecticides. HOLDING: Miraculous Insecticide chalk is classifiable in subheading 3808.10.2000, HTSUSA, 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): insecticides: other: containing any aromatic or modified aromatic insecticide. It is subject to a general rate of duty of 1.8 per kilogram plus 9.7 percent ad valorem. NYRL 874450 is modified to correct the tariff subheading under which the instant product is classifiable. Since the rate of duty for this tariff subheading is the same as the tariff subheading under which the product was previously classified, this change does not alter the rate of duty applicable to the product. - 3 - Since insecticides must be registered with the Federal Environmental Protection Agency (EPA) before they can be lawfully sold and/or distributed in the United States. You, therefore, should contact that agency at its regional office nearest to your location or the port of arrival of at: Environmental Protection Agency Pesticides Office H-7 501C 401 M Street, S.W. Washington, D.C. 20460 (telephone - (703) 305-7090). Sincerely, John Durant, Director Commercial Rulings Division