The tariff classification of Bifenthrin (CAS-82657-04-3) Insecticide from China

N055653 March 31, 2009 CLA-2-29:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 2916.20.5000; 9902.24.72 Ms. Dina M. Donnelly Aceto Corporation One Hollow Lane Lake Success, NY 11042 RE: The tariff classification of Bifenthrin (CAS-82657-04-3) Insecticide from China Dear Ms. Donnelly: In your letter dated March 24, 2009, you requested a tariff classification ruling. The subject product, Bifenthrin, also known as (2-methyl[1,1'-biphenyl]-3-yl)methyl (1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3-trifluoro-1-propenyl]-2,2-dimethylcyclopropanecarboxylate, is a pyrethroid ester insecticide and miticide. The applicable subheading for Bifenthrin Technical, imported in bulk form, will be 2916.20.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Cyclanic, cyclenic or cycloterpenic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other.” The rate of duty will be 3.7 percent ad valorem. However, Bifenthrin is eligible for a temporary reduced rate of duty under subheading 9902.24.72, HTSUS, which provides for “(2-Methyl[1,1’-biphenyl]-3-yl)methyl-3-(2-chloro-3,3,3-trifluoro-1-propenyl)–2,2-dimethylcyclopropanecarboxylate (Bifenthrin) (CAS No. 82657–04–3) (provided for in subheading 2916.20.50).” The rate of duty will be 0.7 percent ad valorem for merchandise entered 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