CLA-2-38:OT:RR:NC:N1:140
Mr. Daniel Vaugeois
Carrefour Quebec International
338 rue William
Drummondville N/A J2C 3C3
Canada
RE: The tariff classification of a Biological Pest Control System from Canada
Dear Mr.Vaugeois :
In your letter dated April 09, 0218, you requested a tariff classification ruling on behalf of GDG Environnement.
The subject product is indicated to be a Biological Pest Control System. The product
will be produced in Canada and imported into the United States. No information was provided regarding production or sources of materials.
This product is indicated for biological pest control against the Emerald Ash Borer
(EAB), an invasive wood-boring beetle native of Asia. The technique is aimed at protecting Ash trees by controlling EAB population using entomopathogenic fungus Beauveria bassiana.
You indicate that when spores of this fungus come in contact with the cuticle of the insect, they germinate and grow directly through the cuticle to the inner body of their host. Here the
fungus proliferates throughout the insect's body, producing toxins and draining the insect of nutrients, eventually killing it in 4-5 days.
This biological pest control will be contained in a pouch made of fiberglass screen.
It will contain organic barley grains and culture medium broth. The active ingredient is “fresh conidia of Beauveria bassiana strain CFL-A.” The pouch is inserted into an auto dissemination device at the bottom of a standard Lindgren 12-funnel trap. Traps are installed at the beginning of the adult flight period and remain on site until the end of the flight period.
The applicable subheading for the fiberglass screen pouch containing “organic barley grains and culture medium broth with the active ingredient of fresh conidia of Beauveria bassiana strain CFL-A.” if imported separately or together with the “trap” containment system, and packaged ready for retail sale will be 3808.91.5001, 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 of 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 the World Wide Web at https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division