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 Metalaxyl Technical Fungicide (CAS 57837-19-1) from Korea

Dear Ms. Choe:

In your letter dated September 25, 2008, on behalf of LG International America, Inc., you requested a tariff classification ruling.

The subject product, Metalaxyl Technical Fungicide, is a systemic phenylamide fungicide. It is used as an active ingredient in formulated end use products such as, e.g., foliar spray for tropical and subtropical crops, soil treatment for control of soil-borne pathogens, seed treatment to control downy mildews, etc. Metalaxyl may be used on many different food crops, including tobacco, ornamentals, conifer, and turf applications. The applicable subheading for the Metalaxyl Technical Fungicide will be 2924.29.4700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Pesticides: Other." The rate of duty will be 6.5% ad valorem. 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