The tariff classification of Acifluorfen (CAS #50594-66-6) and Bentazon (CAS #25057-89-0) from China

N241050 May 8, 2013 CLA-2-38:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 3808.93.1500 Esta Knipper A. J. Arango, Inc. 1516 E. 8th Avenue Tampa, FL 33605 RE: The tariff classification of Acifluorfen (CAS #50594-66-6) and Bentazon (CAS #25057-89-0) from China Dear Ms. Knipper: In your letter dated April 22, 2013, you requested a tariff classification ruling on behalf of your client, Redeagle International LLC. The first product Acifluoren is a formulated liquid herbicide containing sodium salt of Acifluorfen as an active ingredient, fatty alcohol-polyoxyethylene ether and water. It is used to control broadleaf weeds and grass in fields growing soybeans, strawberries, peanuts, peas, and rice. The second product Bentazon is a formulated liquid herbicide containing sodium benzatone as an active ingredient, carboxymethyl trimethylammonium hydroxide inner salt, triglycerol monostearate and water. It is used to control broadleaf weeds and sedges in turfgrass, ornamentals and other non-crop areas. Additionally, the product is for post emergence use in fields growing beans, corn, peanuts, peppermint, sorghum etc. According to your letter, both products will be imported in bulk quantities. The applicable subheading for the Acifluoren and Bentazon imported in bulk form will 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 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division