CLA-2-29:RR:NC:FC:238 A82924

Mr. L. Klestadt
Trans-World Shipping Corporation
53 Park Place
New York, NY 10007

RE: The tariff classification of Folpet (CAS-133-07-3) and Captan (CAS-133-06-2), in bulk form; and Diazol , imported in bulk form or put up in forms or packings for retail sale, from Israel

Dear Mr. Klestadt:

In your letter dated April 15, 1996, on behalf of your client, Makhteshim-Agan of North America, Inc., you requested a tariff classification ruling.

The first product, Folpet, is a protective fungicide. Your client's trade name for Folpet is Folpan . The second product, Captan, is a protectant-eradicant fungicide. You client's trade name for Captan is Merpan . The third product, Diazol , is your client's trade name for an insecticidal preparation containing Diazinon (CAS-333-41-5) as the active ingredient.

The applicable subheading for Folpet, imported in bulk form, will be 2930.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Organo-sulfur compounds: Other: Aromatic: Pesticides." The rate of duty will be 11.3 percent ad valorem. The applicable subheading for Captan, imported in bulk form, will be 2930.90.4400, HTS, which provides for: "Organo-sulfur compounds: Other: Other: Pesticides: Other: Other." The rate of duty will be 7.3 percent ad valorem. The applicable subheading for Diazol , imported in bulk form or put up in forms or packings for retail sale, will be 3808.10.5000, HTS, which provides for: "Insecticides ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Other: Other." The rate of duty will be five percent ad valorem.

Articles classifiable under subheadings 2930.90.1000, HTS, 2930.90.4400, HTS, and 3808.10.5000, HTS, which are products of Israel, are entitled to duty-free treatment, under the United States-Israel Free Trade Area Implementation Act of 1985 ("IL"), upon compliance with all applicable regulations.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669. 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 C. Reilly at 212-466-5770.


Sincerely,

Roger J. Silvestri
Director,
National Commodity
Specialist Division