CLA-2-29:RR:NC:2:238 C84370

Ms. Anne Hilsabeck
AMH Customs Consultants
Koll Center Newport
5000 Birch Street
Suite 3000, West Tower
Newport Beach, CA 92660-2140

RE: The tariff classification of Chlorpyrifos (CAS-2921-88-2), imported in bulk form, from India

Dear Ms. Hilsabeck:

In your letter dated January 28, 1998, on behalf of your client, Gharda USA, Inc., you requested a tariff classification ruling.

Chlorpyrifos is the "common name" for an insecticide having the following Chemical Abstracts name: Phosphorothioic acid O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl) ester.

The applicable subheading for Chlorpyrifos, imported in bulk form, will be 2933.39.2700, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Other." The rate of duty will be 10.1 percent ad valorem.

Pursuant to General Note 4(d), HTS, the subject product, being of Indian origin, is not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

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, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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 the National Import Specialist at 212-466-5770.


Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division