The tariff classification of an aqueous mixture of Paraquat Dichloride (CAS-4685-14-7) and paraquat emetic (CAS-27277-00-5) from Australia

NY I86433 September 25, 2002 CLA-2-38:RR:NC:2:238 I86433 CATEGORY: Classification TARIFF NO.: 3808.30.1500 Geoffrey Cantelo, Esq. 14 Hawthorne Street Ramsgate NSW 2217 Australia RE: The tariff classification of an aqueous mixture of Paraquat Dichloride (CAS-4685-14-7) and paraquat emetic (CAS-27277-00-5) from Australia Dear Mr. Cantelo: In your letter dated September 10, 2002, on behalf of your client, Syngenta Crop Care Pty Ltd., you requested a tariff classification ruling. The subject product, Paraquat Dichloride with added emetic, which is also described in your letter as “Paraquat dichloride concentrate,” consists of an aqueous mixture of paraquat ion, an herbicide having the chemical name: 1,1’-dimethyl-4,4’-bypyridinium, 362g/L), and paraquat emetic (CAS-27277-00-5) an emetic agent having the chemical name: 2-Amino-6-methyl-4-propyl-1,2,4-triazolo[1,5-a]pyrimidin-5(4H)-one, 0.905g/L). Subsequent to importation, the concentrate will be used for the formulation of two herbicide preparations (sold under the brand names Gramoxone® and Spray Seed®), by adding emulsifiers, coloring, stenching agents, solvents and antifoaming agents. You indicate that, “Because the paraquat dichloride concentrate is highly toxic the emetic is added to induce vomiting.” In this regard, you have enclosed a copy of a report by the Food and Agriculture Organization of the United Nations (FAO), issued in 1996, wherein (at p. 11, Part 2) FAO Specification 56/TK/S/F (1994) states that “An effective emetic (for paraquat dichloride technical concentrates) must be included at a specified level.” You assert that the subject product is properly classifiable within subheading 2933. 39, HTS. We disagree with your assertion, for the following reasons: First of all, Part (A) of the General Explanatory Notes to Chapter 29, HTS, states that “Separate chemically defined compounds (in this case, paraquat ion) containing other substances  deliberately added during or after their manufacture (in this case, the emetic) … are excluded from this chapter.” Second of all, Explanatory Note 38.08(2), HTS, states that “Intermediate preparations, requiring further compounding to produce the ready-to-use insecticides, fungicides, disinfectants, etc., are also classified here (i.e., under heading 3808, HTS) provided they already possess insecticidal, fungicidal, etc., properties” (which the subject product unquestionably does). Accordingly, it is our determination, pursuant to Part (A) of the General Explanatory Notes to chapter 29, HTS, that the subject product is excluded from classification, as a separate chemically defined compound, within chapter 29, HTS, subheading 2933.39, HTS. It is also our determination that, pursuant to Explanatory Note 38.08(2), HTS, the subject product constitutes an intermediate herbicidal preparation, for tariff purposes. The applicable subheading for the subject product will be 3808.30.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides, … , herbicides, antisprouting products and plant-growth regulators, … , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Herbicides, antisprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, antisprouting agent or plant-growth regulator: Other. The rate of duty will be 6.5 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 U.S. 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 Harvey Kuperstein at 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division