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

Ms. Judy Choe
FNS Customs Brokers, Inc.
18301 Broadwick St.
Rancho Dominguez, CA 90220

RE: The tariff classification of MetaStar 2E Metalaxyl Fungicide from Korea

Dear Ms. Choe:

In your letter dated August 5, 2008, on behalf of LG International America, Inc., you requested a tariff classification ruling.

The subject product, MetaStar 2E Metalaxyl Fungicide, is a fungicide preparation that contains 23 percent of the active ingredient metalaxyl. It is described as a light amber liquid with a mild petroleum odor. Metalaxyl is a phenylamide fungicide with systemic function and is used for the control of various diseases in crops. The applicable subheading for the MetaStar 2E Metalaxyl Fungicide will be 3808.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, … , fungicides, … , put up in forms or packings for retail sale or as preparations or articles … : Fungicides: Containing any aromatic or modified aromatic fungicide: 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