CLA-2-38:RR:NC:FC:238 818024

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

RE: The tariff classification of Dithane M-45 Fungicide, from France

Dear Mr. Fitch:

In your letter dated January 3, 1996, on behalf of your client, American Cyanamid Company, a subsidiary of American Home Products Corporation, you requested a tariff classification ruling.

The subject product, Dithane M-45 Fungicide, is a fungicidal preparation containing the fungicide, Mancozeb (CAS-8018-01-7; 80-85%, by weight), as the active ingredient.

The applicable subheading for the subject product will be 3808.20.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Insecticides, ... , fungicides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Fungicides: Other: Containing any fungicide which is a thioamide, thiocarbamate, dithiocarbamate, thiuram or isothiocyanate: Maneb; Zineb; Mancozeb; and Metiram." The rate of duty will be free.

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, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669. 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 C. Reilly at 212-466-5770.


Roger J. Silvestri
National Commodity
Specialist Division