The tariff classification of Spiromesifen (CAS-283594-90-1) in bulk form and Oberon™ 4 SC Insecticide/Miticide from Germany

N118375 August 19, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2932.29.1000; 3808.91.2500 Mr. Mark Pinchok Bayer Corporation 100 Bayer Road Pittsburgh, PA 15205-9741 RE: The tariff classification of Spiromesifen (CAS-283594-90-1) in bulk form and Oberon™ 4 SC Insecticide/Miticide from Germany Dear Mr. Pinchok: In your letter dated August 8, 2010, you requested a tariff classification ruling on behalf of Bayer CropScience LP. The first product, Spiromesifen, is an active insecticidal ingredient used in the formulation of finished pesticides. Per your letter, Spiromesifen is a tetronic acid insecticide that is used to manage insects on vegetables, corn, cotton, ornamentals, pome fruits and strawberries. The second product, Oberon™ 4 SC Insecticide/Miticide, is a formulated suspension concentrate pesticide that contains Spiromesifen as the active ingredient. Per your letter, Oberon™ is a spray-applied insecticide that is active against all mite developmental stages including eggs and controls resistant strains of mites and whiteflies. It is used to manage insects and mites on a broad range of crops such as cotton, corn, strawberries, potatoes, etc. The applicable subheading for the Spiromesifen in bulk form will be 2932.29.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with oxygen hetero-atom(s) only: Lactones: Other lactones: Aromatic: Pesticides.” The rate of duty will be 6.5 percent ad valorem. The applicable subheading for the Oberon™ 4 SC Insecticide/Miticide will be 3808.91.2500, 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: Insecticides: Other: Containing any aromatic or modified aromatic insecticide: 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