The tariff classification of Captan 80WDG, Captan 4L, Captan 50WP (CAS #133-06-2) from China

N242952 July 2, 2013 CLA-2-38:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 3808.92.1500 Ms. Esta Knipper A. J. Arango Inc. 1516 E. 8th Avenue Tampa, FL 33605 RE: The tariff classification of Captan 80WDG, Captan 4L, Captan 50WP (CAS #133-06-2) from China Dear Ms. Knipper: In your letter dated June 3, 2013, on behalf of your client Redeagle International LLC, you requested a tariff classification ruling. You provided a list of ingredient components by weight. The first instant product Captan 80WDG is a formulated fungicide containing approximately 78.88 percent Captan Technical as the active ingredient. The product is intended for use in water as a spray for the control of certain fungal diseases of fruits, and as a soil treatment for the control of certain seed rots and damping-off diseases. The second instant product Captan 4L is a formulated fungicide containing approximately 37.68 percent Captan Technical as the active ingredient. The product is an aqueous suspension intended for use in water as a spray for the control of certain fungus diseases of fruits. The third instant product Captan 50WP is a formulated fungicide containing approximately 48.9 percent Captan Technical as the active ingredient. The product is a micro-fine wettable powder for use in water as a spray for the control of certain fungus diseases of fruit and ornamental crops, and as a soil treatment for the control of certain seed rots and damping-off diseases. The applicable subheading for the three various formulations of Captan will be 3808.92.1500, Harmonized Tariff Schedule of the United States (HTS), 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): Fungicides: Containing any aromatic or modified aromatic fungicide: 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