The tariff classification of SumiOne® Technical Grade Insecticide from Japan

N055753 March 27, 2009 CLA-2-29:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 2916.20.5000 Mr. Rex A. Gayas Sumitomo Chemical America, Inc. 335 Madison Avenue Suite 830 New York, NY 10017 RE: The tariff classification of SumiOne® Technical Grade Insecticide from Japan Dear Mr. Gayas: In your letter dated March 25, 2009, you requested a tariff classification ruling. The subject product, SumiOne® Technical Grade contains approximately 93.0-98.8% of Metofluthrin (2,3,5,6-tetrafluoro-4-(methoxymethyl)benzyl (EZ)-(1RS,3RS;1RS,3SR)-2,2-dimethyl-3-prop-1-enylcyclopropanecarboxylate)(CAS- 240494-70-6), as the active ingredient. Metofluthrin is a pyrethroid ester insecticide. The label for SumiOne® states that it is for formulation into an insecticide for the following uses: “(1) outdoor mosquito repellent devices; (2) indoor use for kennels, stables, barns (non-food); (3) uses for which USEPA has accepted the required data and/or citations of data that the formulator has submitted in support of registration; (4) uses for experimental purposes that are incompliance with USEPA requirements.” The applicable subheading for the SumiOne® Technical Grade 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. 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