The tariff classification of Propicon 3.6EC Fungicide from India

N243040 June 25, 2013 CLA-2-38:OT:RR:E:NC:2:235 CATEGORY: Classification TARIFF NO.: 3808.92.1500 Mr. John L. Firkins Willowood USA 1600 NW Garden Valley Blvd., Suite 120 Roseburg, OR 97471 RE: The tariff classification of Propicon 3.6EC Fungicide from India Dear Mr. Firkins: In your letter dated June 11, 2013, you requested a tariff classification ruling. The instant product is called Propicon 3.6EC. It is a formulated fungicide containing approximately 42 percent of the active ingredient, Propiconazole. It is an aromatic fungicide stated to be used for the broad spectrum control of plant, turf and ornamental diseases. You indicate that the finished “formulated” product is made in India, from Propiconazole Technical which is “manufactured in India and formulated in India”. The applicable subheading for the Propicon 3.6EC Fungicide will be 3808.92.1500, Harmonized Tariff Schedule of the Unites 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 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. Articles classifiable under subheading 3808.92.1500, HTSUS, which are products of India, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. 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