The tariff classification of Clothianidin Technical (CAS-210880-92-5) in bulk form, from Japan

N046833 December 18, 2008 CLA-2-29:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.10.9000 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Clothianidin Technical (CAS-210880-92-5) in bulk form, from Japan Dear Ms. Parker: In your letter dated December 11, 2008, you requested a tariff classification ruling. The subject product, Clothianidin Technical, is an organic compound and an active insecticidal ingredient used in the formulation of pesticide end-use products. It is labeled as a seed treatment for use on canola, rapeseed and corn for the control of certain insect pests. The applicable subheading for the Clothianidin Technical in bulk form will be 2934.10.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Other: Other." The rate of duty will be 6.5% ad valorem. However, Clothianidin Technical is eligible for a temporary reduced rate of duty under subheading 9902.10.84, HTSUS, which provides for "(E)–1-(2-Chloro-1,3-thiazol-5-ylmethyl)–3-methyl-2 nitroguanidine (Clothianidin) (CAS No. 210880–92–5) (provided for in subheading 2934.10.90). The rate of duty will be 5.4% ad valorem with an effective period of on or before 12/31/2009. 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