The tariff classification of Daminozide Technical 85% (CAS-1596-84-5) from China

N219359 July 3, 2012 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.93.5000 Ms. Jennifer Diaz Becker & Poliakoff 121 Alhambra Plaza, 10th Floor Coral Gables, FL 33134 RE: The tariff classification of Daminozide Technical 85% (CAS-1596-84-5) from China Dear Ms. Diaz: In your letter dated May 23, 2012, you requested a tariff classification ruling. The sample submitted was sent to our laboratory for analysis. The subject product, Daminozide Technical 85%, is an intermediate preparation, containing 85% of Daminozide, as the active ingredient and 15% of inert ingredients. In your letter, you stated that the inert ingredients were added to function as fillers and were used to improve specific properties such as flow, surface texture and lubricity. You also stated that it will be used in the formulation of Dimicid 85% Soluble Powder, a plant growth regulator for non-crop use. The applicable subheading for the Diaminozide Technical 85% will be 3808.93.5000, 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: 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% 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 Judy Lee at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division