The tariff classification of Mefenpyr-diethyl (CAS-135590-91-9) Dear Mr. Pinchok:

NY R03026 January 13, 2006 CLA-2-29:RR:NC:2:239 R03026 CATEGORY: Classification TARIFF NO.: 2933.19.3700 Mr. Mark Pinchok Bayer Corporate and Business Services LLC 100 Bayer Road Pittsburgh, PA 15205-9741 RE: The tariff classification of Mefenpyr-diethyl (CAS-135590-91-9) Dear Mr. Pinchok: In your letter dated December 29, 2005, you requested a tariff classification ruling. The subject product, Mefenpyr-diethyl [CAS name: diethyl 1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl-1H-pyrazole-3,5-dicarboxylate], is an herbicide safener (a chemical that protects crops from injury by herbicides, but does not prevent the herbicide from killing weeds). The applicable subheading for Mefenpyr-diethyl will be 2933.19.3700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyrazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI.” 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 product 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. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090. Alternatively, this merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are also administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526. 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 Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division