CLA-2-28:OT:RR:NC:N3:140
Dr. Martin Sosnar
BeeVital, Inc.
Address 12121 Wilshire Boulevard, Suite 525
Los Angeles, California 90025
RE: The tariff classification of Beevital® HiveClean from Austria
Dear Dr. Sosnar:
In your letter dated April 16, 2021, you requested a tariff classification ruling.
The subject product, Beevital® HiveClean is a formulated preparation that is intended to reduce and eliminate the number of Varroa mites, a genus of parasitic mites associated with honey bees. You indicate the the product was the subject of an earlier ruling, and that the tariff number is no longer valid due to a change in the Tariff in 2017.
Beevital® HiveClean activates the cleaning instinct of the bees to start thoroughly cleaning the cells of dead larvae. Based on the earlier ruling issued for this product, the ingredients listed in Beevital® HiveClean encourage the grooming behavior of the bees by crushing or mutilating the mites. This behavior repels the mites from the host and causes the mites to fall off into the hive mesh floor leading the mites to die from starvation. It will be put up in condition for retail sale.
The ENs to heading 3808, HTSUS, states that “this heading (i.e., heading 3808, HTSUS) covers a range of products … intended to destroy pathogenic germs, insects (mosquitoes, moths, Colorado beetles, cockroaches, etc.), mosses and moulds, weeds, rodents, wild birds, etc. Products intended to repel pests or used for disinfecting seeds are also classified here.” Accordingly, it is our determination that the subject product is an insecticidal preparation and meets the terms of heading 3808, HTSUS, as an insecticide. We agree with your assertion that the tariff number previously given for this number was modified in 2017. The correct current tariff number is specified below.
The applicable subheading for the Beevital® HiveClean 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 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.
You also ask for a review to determine if this product is subject to the additional 301 duties assessed under HTSUS 9903.88.03. You indicate that this product originates in Austria. At this time, the additional duties are not assessed on this merchandise which originates in Austria.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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.
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