CLA-2-38:OT:RR:NC:2:238
Ms. Jennifer R. Diaz
Becker& Poliakoff
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134
RE: The tariff classification of various Pheromone lures from Costa Rica
Dear Ms. Diaz:
In your letter dated July 10, 2012, you requested a tariff classification ruling on behalf of Marketing Arm International, Inc. The samples submitted will be returned to you as requested.
The first product, Spodoptera sunia pheromone lure, is a mating disruption pheromone for the insect, armyworm. It consists of two active ingredients: (Z,E)-9,12-tetradecadienyl acetate (CAS-30507-70-1) and (Z)-9-Tetradecenyl acetate (CAS-16725-53-4). The product is enclosed inside a rubber septa measuring approximately 1.5 cm in length and packed in an impermeable aluminum pack. It is intended for use as an attractant for Spodoptera sunia (armyworm).
The second product, Spodoptera exigua pheromone lure, is a mating disruption pheromone for the insect, beet armyworm. It consists of two active ingredients: (Z)- 9, E-12-tetradecadienyl acetate (CAS-31654-77-0) and Z-9-tetradecenol (CAS-35153-15-2). The product is enclosed inside a rubber septa measuring approximately 1.5 cm in length and packed in an impermeable aluminum pack. It is intended for use as an attractant for Spodoptera exigua (beet armyworm).
The last product, Spodoptera frugiperda pheromone lure, is a mating disruption pheromone for the insect, fall armyworm. It consists of three active ingredients: Z-7-Dodecenyl acetate (CAS-14959-86-5), (Z)-11-Hexadecenyl acetate (CAS-34010-21-4) and Z-9-Tetradecenyl acetate (CAS-16725-53-4). The product is blister packed inside a plastic sleeve measuring approximately 4cm in length and packed in an impermeable aluminum pack. It is intended for use as an attractant for Spodoptera frugiperda (fall armyworm).
The applicable subheading for the Pheromone lures 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/.
This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov. In your letter, you mentioned that you believe the merchandise is eligible for duty free status under the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA). In order to make this determination, this office will require the following information:
Provide the country of origin where each ingredient is manufactured.
Complete manufacturing process of the entire product including the packaging.
Provide the country where the product will be directly imported from.
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,
Thomas J. Russo
Director
National Commodity Specialist Division