The tariff classification of Endorse WP (Wettable Powder) and Endorse WDG (dry flowable) in bulk form, from Japan

N046955 December 19, 2008 CLA-2-38:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.92.5000 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Endorse WP (Wettable Powder) and Endorse WDG (dry flowable) in bulk form, from Japan Dear Ms. Parker: In your letter dated December 12, 2008, you requested a tariff classification ruling. The first product, Endorse WP in wettable powder form is a prepared fungicide, containing (by weight) 2.5% polyoxin D zinc salt (CAS-146659-78-1) as the active ingredient. It is indicated for use on turf, ornamentals and non-food ginseng. The second product, Endorse WDG in water dispersible granules is a prepared fungicide, containing (by weight) 11.3% polyoxin D Zinc salt (CAS-146659-78-1) as the active ingredient. It is indicated for use on turf and ornamentals. The applicable subheading for the Endorse WP in wettable powder form and Endorse WDG in dry flowable form will be 3808.92.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, … , put up in forms or packings for retail sale or as preparations or articles … : Fungicides: Other: Other: Other.” The rate of duty will be 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 product 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