CLA-2-29:OT:RR:NC:N2:238

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of Metconazole Fungicide Technical in bulk form, from Japan

Dear Mr. Hoffacker:

In your letter dated October 19, 2007, on behalf of your client, Valent USA Corporation, you requested a tariff classification ruling.

The subject product, Metconazole Fungicide Technical contains the active ingredient Metconazole (CAS-125116-23-6), which is a U.S. Environmental Protection Agency (EPA) registered pesticide. It is primarily used as a fungicide and is formulated for indoor and outdoor terrestrial non-food uses.

The applicable subheading for the Metconazole Fungicide Technical will be 2933.99.2200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other : Aromatic or modified aromatic: Other: Pesticides: Other: Other.” The rate of duty will be 6.5 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 are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA 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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division