The tariff classification of Methyl Bromide 98 and Methyl Bromide 67

N286127 May 19, 2017 CLA-2-38:OT:RR:NC:N1:240 CATEGORY: Classification TARIFF NO.: 3808.99.9500 Mr. Angel Suarez ICL - IP America, Inc. 622 Emerson Road, Suite 500 Saint Louis, MO 63303 RE: The tariff classification of Methyl Bromide 98 and Methyl Bromide 67 Dear Mr. Suarez: In your letter dated May 10, 2017 you requested a tariff classification ruling. Your ruling request pertains to two products called Methyl Bromide 98 and Methyl Bromide 67. Both products are chemical mixtures which contain Methyl Bromide and Trichloronitomethane (also known as Chloropicrin). Your request indicated the products are used to control a wide range of agricultural pests. Methyl Bromide is a broad-spectrum pesticide widely used as a fumigant in agriculture. Chloropicrin is a broad-spectrum antimicrobial, fungicide, herbicide, and insecticide. Our research shows the ingredients have a substantial use in agriculture as a nematocide in soil. In your request you asked if the instant products were classifiable in Chapter 29 or Chapter 38 of the Tariff. As the instant products are chemical mixtures, and not separately identifiable organic chemical compounds, as per Note 1 to Chapter 29, they are excluded from Chapter 29. The applicable subheading for the Methyl Bromide 98 and Methyl Bromide 67 will be 3808.99.9500, 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…Other.” The rate of duty will be 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 https://hts.usitc.gov/current. This merchandise is 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. In addition, as you indicated in your request Methyl Bromide is strictly regulated due to its Ozone depletion capabilities. Information on these restrictions may also be obtained from the EPA at the contacts listed above. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division