The tariff classification of Temitry™ insecticide imported in liquid emulsifiable concentrate from Denmark

N264293 May 15, 2015 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.91.2500 Mr. Thomas J. O’Donnell Clark Hill PLC 150 N. Michigan Avenue, Suite 2700 Chicago, IL 60601 RE: The tariff classification of Temitry™ insecticide imported in liquid emulsifiable concentrate from Denmark Dear Mr. O’Donnell: In your letter dated April 28, 2015, on behalf of Cheminova, Inc., you requested a tariff classification ruling. The subject product, Temitry™, is an insecticidal preparation consisting of two active ingredients: 73.70 % by weight of Malathion (CAS 121-75-5) and 1.11% by weight of Gamma-cyhalothrin (CAS 76703-62-3) with the remaining as other ingredients. You state that Temitry™ will be imported as a liquid emulsifiable concentrate in bulk drums, as well as packaged for retail sale in 2 x 2.5 gallon configurations. You further state that in the condition as imported, Temitry™ is ready for use with no further additions or processing, other than repackaging when imported in bulk form. The chemical structure of Malathion is a non-aromatic compound, while the chemical structure of Gamma-cyhalothrin is an aromatic compound for tariff purposes. You assert, pursuant to Rule 3(b) of the General Rules of Interpretation (GRI), HTSUS, that Temitry™ is properly classified in subheading 3808.91.5000, HTSUS, as an “other” insecticide. You believe that the essential character of Temitry™ is imparted by the non-aromatic compound, Malathion. In the alternative, you also suggest classification of Temitry™ under subheading 3808.91.5000, HTSUS, in accordance with GRI 3(c), as last in tariff. We disagree. Temitry™ is properly classified in heading 3808 as an insecticidal preparation under GRI 1. Temitry™, is specifically described in subheading 3808.91.2500, HTSUS, which provides for insecticides containing any aromatic or modified aromatic insecticide (i.e., Gamma-cyhalothrin). Thus, there is no need to resort to GRI 3 analysis in this case. Accordingly, it is our determination that the subject product is not prima facie classifiable under two or more subheadings. The applicable subheading for the Temitry™ in bulk form and put up for retail sale will be 3808.91.2500, 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 (…): Other: Insecticides: Other: Containing any aromatic or modified aromatic insecticide: 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 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. 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division