The tariff classification of Basamid G from Japan

N071582 August 18, 2009 CLA-2-38:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.93.5000 Mr. Matthew T. McGrath Barnes, Richardson & Colburn 11 Dupont Circle, NW Suite 500 Washington, D.C. 20036 RE: The tariff classification of Basamid G from Japan Dear Mr. McGrath: In your letter dated August 10, 2009, you requested a tariff classification ruling on behalf of your client Mitsui & Co., (USA) Inc. The subject product, Basamid G, is a soil fumigant compromised primarily of 98% -99% of the active ingredient known as Dazomet, also known as tetrahydro-3, 5-dimethyl-2H-1, 3, 5-thiadiazine-2-thione (CAS-533-74-4) with 1% of adjuvants. Dazomet is known to have fungicide, herbicide and nematicide activities. Your letter states, it is intended for pre-planting control of most weeds, nematodes, and soil diseases of turf grass and ornamental plants. Once Basamid G is incorporated into moist soil, the active ingredient, Dazomet, transforms into methyl isothiocyanate (MITC) gas, which is a soil fumigant that kills any living organism in the soil. You also indicate in your letter, Basamid G will be imported in granular powder form in 50 pound bags for sale to distributors in the US and will be sprinkled directly on the soil in its condition upon importation. The applicable subheading for the Basamid G will be 3808.93.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Herbicides, anti-sprouting products and plant-growth regulators: 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 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