Mr. Joonil Kwak
Geodigm USA
1122 N Dearborn Street, 15J
Chicago, IL 60610

RE: The tariff classification of Sunmore® Plus in powder form, from Korea

Dear Mr. Kwak:

In your letter dated August 3, 2009, you requested a tariff classification ruling.

The subject product, Sunmore® Plus, is claimed to be a photosynthesis accelerator designed to enhance plant growth. It is chemically composed mainly of a colloidal titanium dioxide of 12nm with a surface active agent. Other additives are added with the purpose of adjusting the pH of the liquid. Per your letter, Sunmore® Plus will be imported fully formulated in dry powder form.

The applicable subheading for the Sunmore® Plus will be 3808.93.2000, 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: Containing an inorganic substance.” 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

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at

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 Harvey Kuperstein at (646) 733-3033.


Robert B. Swierupski
National Commodity Specialist Division