The tariff classification of Capreno™ Herbicide 3.45 SC from Germany

N029096 May 27, 2008 CLA-2-38:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.93.1500 Mr. Mark D. Pinchok Bayer Corporate and Business Services 100 Bayer Road Pittsburgh, PA 15068 RE: The tariff classification of Capreno™ Herbicide 3.45 SC from Germany Dear Mr. Pinchok: In your letter dated May 21, 2008, on behalf of Bayer CropScience LP, you requested a tariff classification ruling. Capreno™ Herbicide 3.45 SC is presently undergoing the U.S. Environmental Protection Agency registration process as a post-emergence corn herbicide with grass and broadleaf control. It is a formulated suspension concentration (SC) based on two active herbicide ingredients, Tembotrione (CAS-335104-84-2) and Thiencarbazone-methyl (CAS-317815-83-1), as well as an herbicide safener, Isoxadifen-ethyl (CAS-163520-33-0), and application adjuvants. Capreno™ will combine the two herbicidal modes of action to control a wide range of broadleaf weeds and grasses, while protecting the corn itself from the herbicides through the action of the safener. The applicable subheading for Capreno™ Herbicide will be 3808.93.1500, Harmonized Tariff Schedule of the United States (HTSUS), 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): Other: 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% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov. 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