The tariff classification of Imidacloprid Technical (CAS-138261-41-3), Merit 0.15 G Lawn and Garden Insecticide, Merit 0.2 G Lawn and Garden Insecticide, Merit 0.3 G Lawn and Garden Insecticide, and Merit 0.35 G Lawn and Garden Insecticide, from Germany

NY A88022 October 4, 1996 CLA-2-38:RR:NC:2:238 A88022 CATEGORY: Classification TARIFF NO.: 2933.39.2700; 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 Imidacloprid Technical (CAS-138261-41-3), Merit 0.15 G Lawn and Garden Insecticide, Merit 0.2 G Lawn and Garden Insecticide, Merit 0.3 G Lawn and Garden Insecticide, and Merit 0.35 G Lawn and Garden Insecticide, from Germany Dear Ms. Jardak: In your letter dated September 12, 1996, you requested a tariff classification ruling. You state that you intend to import Imidacloprid Technical insecticide into a foreign trade subzone, where it will be incorporated as the active ingredient in the manufacture of the following formulated insecticides: Merit 0.15 G Lawn and Garden Insecticide, Merit 0.2 G Lawn and Garden Insecticide, Merit 0.3 G Lawn and Garden Insecticide, and Merit 0.35 G Lawn and Garden Insecticide. The applicable subheading for Imidacloprid Technical, imported in bulk form, will be 2933.39.2700, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Heterocyclic compounds containing nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Other." The rate of duty will be 11.3 percent ad valorem. The applicable subheading for Merit 0.15 G Lawn and Garden Insecticide, Merit 0.2 G Lawn and Garden Insecticide, Merit 0.3 G Lawn and Garden Insecticide, and Merit 0.35 G Lawn and Garden Insecticide 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: Other: 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 requirements 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 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