CLA-2-29:OT:RR:E:NC:N2:238
Mr. Mark Pinchok
Bayer International Trade
Services Corporation
651 Colliers Way, Suite 414
Wierton, WV 26062
RE: The tariff classification of Methomyl Technical (CAS-16752-77-5) and Larvin® Brand DF WSP Thiodicarb Insecticide/Ovicide (CAS-59669-26-0) from China
Dear Mr. Pinchok:
In your letter dated September 15, 2011, you requested a tariff classification ruling.
The first product, Methomyl Technical contains 98% of Methomyl (CAS-16752-77-5), as the active ingredient. It is also known by its chemical name Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester. It is used in the formulations of insecticides.
The second product, Larvin® Brand DF WSP Thiodicarb is a formulation of 80% by weight of the active ingredient, Thiodicarb (CAS-59669-26-0), a carbamate insecticide. You state in your letter, Larvin® Brand DF WSP Thiodicarb provides a highly effective control of Lepidoteran pests including loopers, armyworms, bollworms and budworms.
The applicable subheading for the Methomyl Technical will be 2930.90.4390, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Organo-sulfur compounds: Other: Other: Pesticides: Other: Other: Other." The rate of duty will be 6.5% ad valorem.
The applicable subheading for the Larvin® Brand DF WSP Thiodicarb will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants 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: Other.” The rate of duty will be 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/.
These products 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 Judy Lee at (646) 733-3033.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division