The tariff classification of Fipronil (CAS-120068-37-3) in bulk form, from the European Union

N081299 October 28, 2009 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.19.2300; 9902.24.16 Mr. Kenn Leifheit Flavine North America, Inc. 10 Reuten Drive Closter, NJ 07624 RE: The tariff classification of Fipronil (CAS-120068-37-3) in bulk form, from the European Union Dear Mr. Leifheit: In your letter dated October 22, 2009, you requested a tariff classification ruling. The subject product, Fipronil, is a broad spectrum insecticide that belongs to the phenylpyrazole chemical family. It works by disrupting the central nervous system of the insect. Per your letter, Fipronil is also the active pesticide ingredient of a topical application used to prevent fleas, ticks and etc. in companion animals. The applicable subheading for the Fipronil in bulk form will be 2933.19.2300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only; nucleic acids and their salts: Compounds containing an unfused pyrazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Pesticides.” The rate of duty will be 6.5% ad valorem. However, Fipronil is eligible for a temporary reduced rate of duty under subheading 9902.24.16, HTSUS, which provides for “5-Amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(1R,S) (trifluoromethyl)-sulfinyl]-1H-pyrazole-3-carbonitrile (Fipronil) (CAS No. 120068-37-3) (provided for in subheading 2933.19.23).” The rate of duty will be free 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