CLA-2-38:OT:RR:NC:N3:140

Ms. Rachel Lee
FNS Customs Brokers, Inc.
1545 Francisco St.
Torrance, CA 90501

RE: The tariff classification of Sunaider from South Korea

Dear Ms. Lee:

In your letter dated June 17, 2020, you requested a tariff classification ruling on behalf of your client, Farmhannong America, Inc.

The instant product is called Sunaider. It is indicated to be used as a plant growth regulator. The active ingredient is listed on the marketing and product labeling as Lysophosphatidylethanolamine. The active ingredient is also known as [(2R)-3-acetyloxy-2-hydroxypropyl] 2-aminoethyl phosphate. The imported product is mixed with other various proprietary chemical diluents, adjuvants, and dispersing agents that serve to enhance its use. It is a chemical preparation for classification purposes.

The applicable subheading for Sunaider will be 3808.93.5050, 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: Other: Other. The rate of duty will be 5% 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 Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their 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 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