CLA-2-38:S:N:N7:238 811721

Peter J. Fitch, Esq.
Fitch, King and Caffentzis
35 Beach Road
Monmouth Beach, NJ 07750

RE: The tariff classification of a fungicide preparation containing Dimethomorph (CAS-110488-70-5) and Mancozeb (CAS-8018- 01-7), from Belgium, Italy, France, and/or Germany

Dear Mr. Fitch:

In your letter dated June 14, 1995, on behalf of your client, American Cyanamid Company, you requested a tariff classification ruling.

The subject product, which you refer to as ACROBAT , consists of a fungicide preparation containing the active ingredients, Dimethomorph (trade name: Acrobat ) and Mancozeb. According to the MSDS sheets submitted, the subject product will be put up as water-dispersible granules. The applicable subheading for the subject product will be 3808.20.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Insecticides, ... fungicides, ... , put up ... as preparations ... : Fungicides: Containing any aromatic or modified aromatic fungicide: Other." The rate of duty will be 1.4 cents per kilogram plus 9.1 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, DC 20460, telephone number (202) 554-1404) or EPA Region II at (908) 321-6669.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport