The tariff classification of Beevital® HiveClean from Austria

N198315 March 7, 2012 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.91.5000 Mr. Mathias Leitner Ecotrade International Inc. 2268 E. Beachcomber Drive Gilbert, AZ 85234 RE: The tariff classification of Beevital® HiveClean from Austria Dear Mr. Leitner: In your letter dated December 13, 2011, you requested a tariff classification ruling. We apologize for the delay as the sample submitted was sent to our laboratory for analysis. The subject product, Beevital® HiveClean is a formulated preparation that is intended to reduce and eliminate the number of Varroa mites, a genus of parasitic mites associated with honey bees. It consists of the following ingredients: water, saccharose, oxalic acid, citric acid, formic acid and propolis extract. According to the marketing literature submitted to this office, Beevital® HiveClean activates the cleaning instinct of the bees to start thoroughly cleaning the cells of dead larvae. The cleaning behavior changes the smell of the bee environment by repelling the mites from their host. The ingredients listed in Beevital® HiveClean encourage the grooming behavior of the bees by crushing or mutilating the mites. This behavior repels the mites from the host and causes the mites to fall off into the hive mesh floor leading the mites to die from starvation. It will be put up for retail sale packed in 500 ml containers and 15 ml sticks for one time treatment. The instruction indicates the preparation is to be applied between the frames of the hive as well as directly onto the bees. You suggest classification in 3307.90.0000, HTSUS, which provides for “Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorizers, whether or not perfumed or having disinfectant properties: Other.” According to chapter 33 Note 4, heading 3307 includes animal toilet preparations. The exemplars noted in the Explanatory Notes (ENs) for animal toilet preparations include dog shampoos and plumage improving washes for birds. We do not consider the Beevital® HiveClean to be an animal toilet preparation for tariff purposes because it is formulated for the purpose of reducing and eliminating the Varroa mites in the hive. The ENs to heading 3808, HTSUS, states that “this heading (i.e., heading 3808, HTSUS) covers a range of products … intended to destroy pathogenic germs, insects (mosquitoes, moths, Colorado beetles, cockroaches, etc.), mosses and moulds, weeds, rodents, wild birds, etc. Products intended to repel pests or used for disinfecting seeds are also classified here.” Accordingly, it is our determination that the subject product is an insecticidal preparation and meets the terms of heading 3808, HTSUS, as an insecticide. The applicable subheading for the Beevital® HiveClean will be 3808.91.5000, 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: Insecticides: Other: Other.” The rate of duty will be 5 percent ad valorem. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov. 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 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