CLA-2-38:OT:RR:NC:N3:140
Ms. Wendy L. Burns
CB Customs Brokerage Services LLC
4450 Witmer Estates Suite 3
Niagara Falls, NY 14305
RE: The tariff classification of Mosquito Biotraps from China
Dear Ms. Burns:
In your letter dated January 25, 2019, you requested a tariff classification ruling on behalf of Instore Products Ltd.
The instant products are described as biodegradeable mosquito traps. You provided the following description of the product.
“Biotraps are composed of bait (Dehydrated Alfalfa, Wheat Shorts, Soybean Hulls, Barley, Soybeans, Soya Oil, Brewers Yeast, Lignin Sulfonate, Dicalcium Phosphate, Salt, Calcium Carbonate, Rice) and an insecticide (Permethrin – concentration = 0.100g/trap). This mixture is in a biodegradable cylindrical cardboard planter-type container and is intended to attract and kill
mosquitoes and their eggs. The user just places the container outside and adds water.”
The applicable subheading for the Mosquito Biotraps will be 3808.91.2501, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Insecticides, rodenticides, fungicides, herbicides, … 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: Containing any aromatic or modified aromatic insecticide: Other.” The rate of duty will be 6.5 percent ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), and HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 3808.91.2501, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3808.91.2500, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division