CLA-2-38:OT:RR:NC:2:235
Ms. Jennifer R. Diaz
Becker& Poliakoff
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134
RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of Various Pest Lures from Costa Rica.
Dear Ms. Diaz:
In your letter dated September 25, 2012, you requested a tariff classification ruling on behalf of Marketing Arm International, Inc. The samples submitted will be returned to you as requested.
The subject products, Spodoptera Sunia, Spodoptera Exigua, Spodoptera Frugiperda and Gossyplure Pheromone Dispenser are indicated in literature supplied as mating pheromone lures for beet army worm, cotton pink bollworm, fall army worm, and the insect armyworm. The products are enclosed inside rubber septa and packed in an impermeable aluminum pack. They are all intended for use as attractants for the respective pests indicated above. All products listed consist of various decenyl or dienyl acetate compounds that function as attractants for the particular target pest.
The applicable subheading for the all four lures will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” The general 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.
You also requested a determination of the applicability of the instant products to the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA). General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if—
(i)the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement;
(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and—
(A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or
(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or
(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.
Based on the facts provided, the goods described above do not qualify for DR-CAFTA preferential treatment since they will not meet the requirements of HTSUS General Note 29(b)(38)(9), which states;
A change to subheadings 3808.10 through 3808.90 from any other subheading provided that 50 percent by weight of the active ingredient or ingredients is originating.
The most recent versions of the tariff have not been updated to reflect changes within the DR-CAFTA for the subheading in which the products under review are classified. As they do not fall within the indicated range eligible for the special duty rate indicated in the respective free trade program, they are not currently eligible for the preferential rate of duty. We suggest contacting the International Trade Committee (ITC) to determine if the changes will be reflected in future updates prior to importation of the goods. Again to reiterate, the goods will therefore not be entitled to a free rate of duty under the DR-CAFTA at the present time.
Also, please note that you indicate in your submission that many of the ingredients of the final product are purchased from United States suppliers. We cannot verify that the merchandise is produced in the United States or simply purchased in the United States and of foreign manufacture. If you decide to request administrative review for this decision, we suggest providing a more detailed accounting for the manufacturing processes of each component.
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 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 Paul Hodgkiss at (646) 733-3046.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, U.S. Customs and Border Protection, Regulations & Rulings, 799 9th Street N.W. - 7th floor, Washington, DC 20229-1177.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division