CLA-2-30:RR:NC:FC:238 A84405

Kenneth G. Weigel, Esq.
Nancy Kao, Esq.
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, D.C. 20005

RE: The tariff classification of advantage Flea Adulticide from Germany

Dear Mr. Weigel & Ms. Kao:

In your letter dated June 4, 1996, on behalf of your client, Bayer Corporation, you requested a tariff classification ruling.

This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

According to the submitted samples and descriptive literature, the subject product, advantage , is a once-a-month topical flea treatment, used for the prevention and treatment of flea infestations in dogs and cats. The product contains Imidacloprid (CAS-138261-41-3), as the active ingredient, and is available only through licensed practicing veterinarians. It is put up in small tubes of various sizes, the size and number of tubes used depending on the weight and type of animal on which it will be applied (e.g., "cats over 9 lbs.", "dogs over 20 lbs."). The tubes, in turn, are blister-packed and put up in retail packaging. In our opinion, although the active ingredient, Imidacloprid, is characterized in the Farm Chemicals Handbook '96 and the Merck Index (Twelfth Edition) as an insecticide, the subject product has the essential character of a veterinary medicament.

The applicable subheading for the subject product will be 3004.90.9003, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: For veterinary use." The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration and/or the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact the FDA at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-6553. You may contact the Environmental Protection Agency, Office of Pesticides and Toxic Substances 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 Cornelius Reilly at 212-466-5770.


Roger J. Silvestri
National Commodity
Specialist Division