CLA-2 CO:R:C:G 081546 JGH
Mr. B. C. Jardak
Mobay Corporation
Agricultural Chemicals Division
Box 4913
Kansas City, Missouri 64120
RE: Classification of LESAN (technical), a fungicide
Dear Mr. Jardak:
Your letter of December 21, 1987, concerns the dutiable
status of LESAN, a fungicide from West Germany, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
LESAN (technical), a nonmercurial fungicide, has the
chemical name: sodium [4-(dimethylamino) phenyl] diazenesul-
fonate. It is described as a vegetable, turf, row crop, soil and
seed treatment fungicide.
ISSUE:
Whether LESAN is classifiable under Chapter 38 or Chapter 29
of the HTSUSA.
LAW AND ANALYSIS:
In the heading 3808, HTSUSA, it is stated that the provision
covers products which are packaged for retail sale. Since it is
the technical grade of LESAN which is being imported, it would be
used, subsequent to importation, in many formulations; there-
fore, it is not a product which is covered by chapter 38.
Rather, it would be classifiable as an organic compound in
chapter 29. LESAN is classifiable in subheading 2927.00.4000,
HTSUSA, the provision for other diazo-, azo-, or azoxy-compounds.
The rate of duty is 13.5 percent as valorem.
-2-
This product may be subject to the regulations of the
Environmental Protection Agency. For further information you may
contact them at 401 M Street, S.W., Washington, D.C., 20460.
HOLDING:
LESAN (technical) is classifiable under the subheading
2927.00.4000, HTSUSA. The rate of duty is 13.5 percent ad
valorem. This classification represents the present position of
the Customs Service on the dutiable status of this merchandise
under the HTSUSA, which is scheduled to replace the Tariff
Schedules of the United States (TSUS), on January 1, 1989. If
there are any changes in the HTSUSA prior to the effective date,
this advice may not continue to be applicable.
Sincerely,
John Durant, Director
Commercial Rulings Division
cc:New York
cc:Technical Services
JGHurley:tj:typed 09/09/88