The tariff classification of Fenamiphos Technical (CAS- 22224-92-6), imported in bulk form, and Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor 15% Granular, from Germany

NY A87041 August 27, 1996 CLA-2-29:RR:NC:FC:238 A87041 CATEGORY: Classification TARIFF NO.: 2930.90.1000; 3808.10.2500 Ms. B.C. Jardak Bayer Corporation 8400 Hawthorn Road P.O. Box 4913 Kansas City, MO 64120-0013 RE: The tariff classification of Fenamiphos Technical (CAS- 22224-92-6), imported in bulk form, and Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor 15% Granular, from Germany Dear Ms. Jardak: In your letter dated August 15, 1996, you requested a tariff classification ruling. You indicate in your letter that you intend to import Fenamiphos Technical (a systemic nematocide) into a foreign trade zone, where you will utilize it, as the active ingredient, in the production of the following formulated products (preparations): Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor 15% Granular. We note that, according to the Farm Chemicals Handbook '96 (page C 217), the Association of American Pesticide Control Officials, Inc. (AAPCO) has included "nematodes and other worms", "for purposes of legal convenience", in its definition of the term, "Insect". With respect to Nemacor 3 Turf and Ornamental, please be advised that we are unable to issue a tariff classification ruling without the following information: the percentage composition by weight of each ingredient (active and inert) making up the product; the EPA label; and the MSDS sheets. The applicable subheading for Fenamiphos Technical, imported in bulk form, will be 2930.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Organo-sulfur compounds: Other: Aromatic: Pesticides." The rate of duty will be 11.3 percent ad valorem. The applicable subheading for Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor 15% Granular will be 3808.10.2500, HTS, which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 1.1 cents per kilogram plus 8.4 percent ad valorem. This merchandise may be subject to the regulations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092. This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669. 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 Cornelius Reilly at 212-466-5770. Sincerely, Roger J. Silvestri Director, National Commodity Specialist Division