Mr. Mark Pinchok
Bayer International Trade
Services Corporation
651 Colliers way, Suite 414
Weirton, WV 26062

RE: The tariff classification of Bacillus Firmus I-1582 Technical and Poncho®/Votivo™ from Mexico

Dear Mr. Pinchok:

In your letter dated October 3, 2012 on behalf of Bayer CropScience LP, you requested a tariff classification ruling.

The first product, Bacillus Firmus I-1582 Technical contains 100 percent of the microorganism, Bacillus Firmus (strain I-1582). Bacillus is a genus of Gram-positive, rod shaped bacteria and a member of the phylum Firmicutes. It is a naturally occurring, soil bacterium which possesses nematicidal activity that is used in the formulation of Poncho®/Votivo™.

The second product, Poncho®/Votivo™, is a formulated insecticide containing Clothianidin and Bacillus Firmus, as the active ingredients. According to your letter, Poncho®/Votivo™, is a formulated seed treatment product that is used for the control of nematodes.

The applicable subheading for the Bacillus Firmus I-1582 Technical in bulk form will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; … , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The general rate of duty will be free. The applicable subheading for the Poncho®/Votivo™ will be 3808.91.5000, 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.

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

These products 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 Judy Lee at (646) 733-3033.


Thomas J. Russo
National Commodity Specialist Division