The tariff classification of Spirotetramat Technical (CAS-203313-25-1) and Movento™ from Germany

N042283 October 28, 2008 CLA-2-29:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 2933.79.0800; 3808.91.2500 Mr. Mark D. Pinchok Bayer Corporate and Business Services 100 Bayer Road Pittsburgh, PA 15068 RE: The tariff classification of Spirotetramat Technical (CAS-203313-25-1) and Movento™ from Germany Dear Mr. Pinchok: In your letter dated October 21, 2008, on behalf of Bayer CropScience LP, you requested a tariff classification ruling. Spirotetramat is described as belonging “to the chemical class of ketoenols invented by Bayer, and offers farmers extremely effective control of a broad spectrum of sucking insects. Spirotetramat is a long-acting active ingredient which protects pome and stone fruit, citrus fruit, grapes, nuts, vegetables and potatoes from pests such as aphids, cicadas, grape louse, mealy bug, whitefly and cottony cushion scale. The unique feature of this substance is that the systemic active ingredient moves up and down through the entire plant system, including the young shoots, leaves and roots, and is thus distributed evenly and lastingly. It acts against insect larvae by ingestion.” Movento™ is a formulation based on the active ingredient Spirotetramat. Its label indicates that it is “For the control of certain insects on citrus, grapes, pome fruit, stone fruit, tree nuts, hops, Christmas tree plantations, and vegetables.” The applicable subheading for the Spirotetramat will be 2933.79.0800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Aromatic or modified aromatic: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem. The applicable subheading for the Movento™ will be 3808.91.2500 , 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: Insecticides: Other: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 6.5 percent 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