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

Ms. Susan Parker
Arysta Lifescience N.A.
15401 Weston Parkway, Suite 150
Cary, NC 27513

RE: The tariff classification of Fluoxastrobin Technical in bulk form, from Germany

Dear Ms. Parker:

In your letter dated January 13, 2008, you requested a tariff classification ruling.

The subject product, Fluoxastrobin Technical contains approximately 95% of Fluoxastrobin (CAS # 361377-29-9) as the active ingredient. It is a strobilurin-type fungicidal and is used to control various fungal diseases such as leaf spots, leaf rust, blight and etc. Your letter also indicates Fluoxastrobin has been registered for foliar use on peanuts, tuberous and corn vegetables, fruiting vegetables, as well as seed treatment for potato, peanuts and turf.

The applicable subheading for the Fluoxastrobin Technical in bulk form will be 2934.99.1200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Pesticides: Other: Fungicides.” 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