The tariff classification of ß-Cyfluthrin Technical (CAS-68359-37-5) and Baythroid® XL Insecticide from India

N195076 February 13, 2012 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2926.90.3000; 9902.02.54 3808.91.2500 Mr. Mark Pinchok Bayer International Trade Services Corporation 651 Colliers Way, Suite 414 Weirton, WV 26062 RE: The tariff classification of ß-Cyfluthrin Technical (CAS-68359-37-5) and Baythroid® XL Insecticide from India Dear Mr. Pinchok: In your letter dated November 30, 2011, you requested a tariff classification ruling on behalf of Bayer CropScience LP. We apologize for the delay as the information submitted was sent to our Laboratory for analysis. The first product, ß-Cyfluthrin Technical, is an active insecticidal ingredient used in the formulation of finished insecticides. It is known by the chemical name cyano(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropanecarboxylate. The second product, Baythroid® XL Insecticide, is a formulated insecticide that contains ß-Cyfluthrin, as the active ingredient. It is used to control certain pests on field, vegetable, tree and vine crops. The applicable subheading for the ß-Cyfluthrin Technical will be 2926.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nitrile-function compounds: Other: Aromatic: Other: Pesticides: Other.” The rate of duty will be 6.5 percent ad valorem. However, ß-Cyfluthrin Technical is eligible for a reduced rate of duty under subheading 9902.02.54, HTSUS, which provides for “ß-Cyfluthrin (CAS No. 68359–37–5) (provided for in subheading 2926.90.30).” The rate of duty will be 4.8 percent ad valorem for merchandise entered on or before 12/31/2012. The applicable subheading for the Baythroid® XL Insecticide 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/. Articles classifiable under subheading 3808.91.2500, HTSUS, which are products of India, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". 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). 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division