CLA-2-29:OT:RR:NC:2:240
Mr. Jonathan Mellard
Taminco US Inc
Two Windsor Plaza, Suite 411
7540 Windsor Drive
Allentown, PA 18195
RE: The tariff classification of Methyldithiocarbamate based pesticides.
Dear Mr. Mellard:
In your letter dated September 28, 2015 you requested a tariff classification ruling.
The subject products are called METAM CLR and METAM KLR. You indicate that both products are used as soil disinfectants which are “endowed with herbicidal properties and are used to control nematodes and soil diseases”, in addition to disinfectant properties in soil applications. You indicate that both products may be used either topically, via spraying, via irrigation or by several other application methods. They are sold in ready to use condition and they can be used on a variety of different “cultivation” types. Per the Explanatory Notes:
“Subheadings 3808.91 to 3808.99
Products which have multiple uses, and are therefore prima facie classifiable in more than one subheading, are usually classified by application of General Interpretative Rule 3.”
The applicable subheading for both METAM CLR and METAM KLR will be 3808.99.9500, 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: Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic
herbicide, anti-sprouting agent or plant-growth regulator: Other.” The rate of duty will be 5 % ad valorem.
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.
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 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 Paul Hodgkiss at (646) 733-3268 or via email at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division