CLA-2-30:S:N:N1:238 844152

Mr. David O. Elliott
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of "Skeetal", "Biobit flowable", "Biobit wettable", and "Foray 48B" from Denmark

Dear Mr. Elliott:

In your letter dated August 1, 1989, you requested a tariff classification ruling, on behalf of your client.

"Skeetal", "Biobit flowable", "Biobit wettable", and "Foray 48B" are microbial insecticides containing the toxin bacillus thuringiensis and other inert ingredients. "Skeetal" is used to control mosquito larvae. "Biobit flowable", "Biobit wettable", and "Foray 48B" are used to control lepidopterous (caterpillar) larvae.

The applicable subheading for the "Skeetal", "Biobit flowable", "Biobit wettable", and "Foray 48B" will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for toxins, other, other, other. The rate of duty will be free.

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

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382-2090.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport