Mr. Frank Lofaro
Sumitomo Corporation of America
3333 New Hyde Park Road, Suite 406
New Hyde Park, NY 11042
RE: The tariff classification of Glufosinate Ammonium from China. Correction to Ruling Number N239034.
Dear Mr. Lofaro:
This replaces Ruling Number N239034, which contained a typographical error. The duty rate indicated was incorrect in the original ruling. A complete corrected ruling follows.
Dear Mr. Lofaro:
In your letter dated February 26, 2013, on behalf of your client, Summit Agro USA, Inc., you requested a tariff classification ruling.
According to your letter, you intend to import Glufosinate Ammonium in “three different conditions”.
The first product Glufosinate Ammonium is a 97% technical grade broad spectrum herbicide. You state that the product will be imported in 250lbs drums.
The second product Glufosinate Ammonium is a formulated liquid broad spectrum herbicide composed of glufosinate ammonium, water and propylene glycol. The product will be imported in 18 metric ton ISO tanks.
The third product Glufosinate Ammonium is a formulated liquid broad spectrum herbicide composed of glufosinate ammonium, water, sodium alkyl, propylene glycol, dipropylene glycol, ammonium hydroxide and Proxel® GXL BIT perservative. The product will be imported packaged in ready-to-use containers of 2.5 gallon cases. Each of these products will be used to control a wide range of weeds and to desiccate crops after harvest.
The applicable subheading for the technical grade Glufosinate Ammonium will be 2931.90.9043, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other organo-inorganic compounds: Other: Other: Organo-phosphorus compounds: Other. The rate of duty will be 3.7 percent ad valorem.
In your letter, you suggested the subheading 3808.93.15, HTSUS for the formulated products; the suggested classification does not apply to these products since they do not contain aromatic compounds.
The applicable subheading for both formulated Glufosinate Ammonium products will be 3808.93.5000, 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: Herbicides, anti-sprouting products and plant-growth regulators: Other: Other. The rate of duty will be 5% 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 Paul Hodgkiss at (646) 733-3046.
Thomas J. Russo
National Commodity Specialist Division