The tariff classification of Acifluorfen 2L from China

N212175 April 27, 2012 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.93.1500 Mr. Frank Lofaro Sumitomo Corporation of America 3333 New Hyde Park Road, Suite 406 New Hyde Park, NY 11042 RE: The tariff classification of Acifluorfen 2L from China Dear Mr. Lofaro: In your letter dated March 30, 2012 you requested a tariff classification ruling on behalf of Summit Agro USA, Inc. Aciflurofen 2L is a formulated liquid herbicide that contains 20% of sodium salt of Aciflurofen (CAS-62476-59-9), as the active ingredient, 6% of butyl cellosolve (CAS-111-76-2) and the remaining ingredients as water and solvents. You state in your letter that it is fully formulated upon importation in ISO tanks of approximately 4000 gallons. You suggest classification in subheading 2909.30.3000, HTSUS, which provides for “Aromatic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Pesticides.” Aciflurofen 2L is not a separate chemically defined organic compound for tariff classification purposes but rather it is a fully formulated herbicidal preparation that is processed beyond the definition of Chapter 29 Note 1(a), whether or not containing impurities. Accordingly, it is our determination that classification of the subject product will be in heading 3808, HTSUS, as an herbicide preparation. The applicable subheading for the Aciflurofen 2L will be 3808.93.1500, 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) (con.): Other: Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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. 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