The tariff classification of Civitas™ Fungicide and Clear Choice™ Herbicide Preparations from Canada

N052863 March 10, 2009 CLA-2-38:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.92.5000; 3808.93.1500 Mr. Ian Thompson Petro-Canada 385 Southdown Road Mississaugua, Ontario, L5J 2Y3 Canada RE: The tariff classification of Civitas™ Fungicide and Clear Choice™ Herbicide Preparations from Canada Dear Mr. Thompson: In your letter dated February 24, 2009, you requested a tariff classification ruling. Civitas™ is a broad spectrum fungicide developed for commercial applications. It is used to control fungus that attacks turf grass. It is a synthetic isoparaffin-based product that stimulates the natural defenses of the grass to fend off fungal attack. The label identifies the active ingredient as mineral oil, CAS# 8042-47-5, which is formulated with a food grade emulsifier and a water based colorant. As a fungicide, it works by using an Induced Systemic Resistance (ISR) mode of action. It stimulates the natural defense system of the grasses. The label also indicates that it has insecticidal application as well, controlling turf insects such as blue grass weevils, cutworms, sod webworms and fall armyworms. You state that it will be in liquid form, ready for direct application, packed in 275 gallon totes (for an entire golf course), 55 gallon drums, 30 gallon drums, or 5 gallon pails. Clear Choice™ is a low risk herbicide developed for home use to control a variety of broadleaf weeds. It is a formulation with inerts of three active herbicide ingredients: 2,4-D-dimethylammonium, CAS# 2008-39-1, dicamba-dimethylammonium, CAS# 2300-66-5, and mecoprop-P-dimethylammonium, CAS# 66423-09-4. It will be packed in liquid form for retail in 24 ounce or 1 gallon bottles. The applicable subheading for the Civitas™ Fungicide 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. The applicable subheading for the Clear Choice™ Herbicide will be 3808.93.1500, HTSUS, which provides for "Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: 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