Request for Tariff Classification of Copper Oxychloride,Pyrethrum, Atrazine, Simazine, and Diuron

HQ 956792 March 23, 1995 CLA-2 CO:R:C:F 956792 RC CATEGORY: Classification TARIFF NO.: 2827.41.0000; 2924.21.1600; 2933.69.6020 Mr. Phillip C. Mozer Chem-Real Company 3700 Havana Street Denver, Colorado 80239 RE: Request for Tariff Classification of Copper Oxychloride, Pyrethrum, Atrazine, Simazine, and Diuron Dear Mr. Mozer: This is in response to your letter, dated August 1, 1994, requesting tariff classifications for various chemicals under the Harmonized Tariff Schedule of the United States (HTSUS). FACTS: You describe the subject chemicals as follows: (1) bulk, maximum size package, Copper Oxychloride technical 57%, CAS # 1332-65-6; (2) bulk, maximum size package, pyrethrum, 25% natural product, no CAS #; (3) bulk, maximum size package, pyrethrum, 20% natural product, no CAS #; (4) Atrazine from South Africa, CAS # 1912-24-9; (5) Simazine from Bulgaria and South Africa, CAS # 122-34-9; and (6) Diuron from Brazil and South Africa, CAS # 330-54-1. You stated in a telephone conversation, March 16, 1995, that the two Pyrethrum products, 25% and 20% respectively, are standardized by the addition of Xylene, a mineral oil-like substance, 75% and 80% respectively. On March 20, 1995, in response to our request for more information, we received a fax from your office stating that you would submit a manufacturer's flow chart indicative of the chemical dilutions with respect to the pyrethrum products. Therefore, this office will rule on the pyrethrum products in a separate ruling upon receipt of additional information. ISSUE: What are the proper tariff classifications for Copper Oxychloride, Atrazine, Simazine, and Diuron under the HTSUS? LAW AND ANALYSIS: Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs may then be applied. We find that Copper Oxychloride technical 57%, CAS # 1332-65-6, imported in bulk, is classified in subheading 2827.41.0000, HTSUS, the provision for "Chlorides, chloride oxides and chloride hydroxides; bromides and bromide oxides; iodides and iodide oxides: Chloride oxides and chloride hydroxides: Of copper." Atrazine, CAS # 1912-24-9 and Simazine, CAS # 122-34-9 are classified in subheading 2933.69.6020, HTSUS, the provision for "Heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts: Compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure: Other: Other, Pesticides." Diuron, CAS # 330-54-1, is classified in subheading 2924.21.1600, HTSUS, the provision for "Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamate) and their derivatives; salts thereof: Ureines and their derivatives; salts thereof: Aromatic: Pesticides: Other." HOLDING: Copper Oxychloride technical 57% is classified in subheading 2827.41.0000, HTSUS, and is dutiable at the column one general rate of 3.9 percent ad valorem. Atrazine and Simazine are classified in subheading 2933.69.6020, HTSUS, and as products of Bulgaria or South Africa, beneficiary countries of the Generalized System of Preferences, are entitled to duty-free treatment under the column one special rate, upon compliance with applicable regulations. Diuron, is classified in subheading 2924.21.1600, HTSUS, and as a product of Brazil or South Africa, beneficiary countries of the Generalized System of Preferences, is entitled to duty-free treatment under the column one special rate, upon compliance with applicable regulations. Sincerely, John Durant, Director Commercial Rulings Division