Ms. Sofia Moromisato
2815 W. El Segundo Blvd.
Hawthorne, CA 90250
RE: The tariff classification of Blossom Protect™ and Botector® from Austria
Dear Ms. Moromisato:
In your letter dated August 14, 2012, you requested a tariff classification ruling on behalf of Westbridge Agricultural Products.
The first product, Blossom Protect™ is a water dispersible preparation in granular form containing two different strains of yeasts, 25.8 percent of Aureobasidium pullulans strain DSM 14940 (CAS-67891-88-7) and 25.8 percent of Aureobasidium pullulans strain DSM 14941(CAS-67891-88-7), as the active ingredients. It is intended for the control of bacterial and fungal diseases in pome fruit. Blossom Protect™ is packed ready for retail sale in 2.5 pounds plastic jars or containers and it is also registered with the Environmental Protection Agency (EPA) as a biopesticide.
The second product, Botector®, is a water dispersible preparation in granular form that contains the same ingredients as Blossom Protect™, except it is formulated in a different concentration. It contains 40 percent of Aureobasidium pullulans strain DSM 14940 and 40 percent of Aureobasidium pullulans strain DSM 14941, as the active ingredients. It is intended for the control of fungal diseases such as grey mold on grapes.
The applicable subheading for the Blossom Protect™ and Botector® will be 3808.92.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, … , put up in forms or packings for retail sale or as preparations or articles …: Fungicides: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov.
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 Judy Lee at (646) 733-3033.
Thomas J. Russo
National Commodity Specialist Division