Mr. Damon Pike
The Pike Law Firm, P.C.
2897 N. Druid Hills Road, Suite 155
Atlanta, Georgia, 30329-3924

RE: The tariff classification of Aqueous Solution and EP Label

Dear Mr. Pike:

In your letter dated May 26, 2017, you requested a tariff classification ruling on behalf of Vestaron Corporation“VST” Corporation. Documentation that you provided with your request was forwarded to our laboratory for review. That review is now complete and the completed binding ruling follows.

The subject products are the following:

Aqueous Solution Label (Liquid Concentrate)

EP Label (Final Product in Liquid/Granule Form)

You indicate that both of the above products contain a high molecular weight peptide known as GS-Omega/kappa-HxTx-Hv1a as the active ingredient. This “active ingredient” is a chemically modified natural toxin.

Product Number 1, “Aqueous Solution Label”, contains only the active ingredient with water and residual media solids left over from the manufacturing process. You state that none of the residual ingredients serve any purpose “or value” in the finished product.

Product number 2, “EP Label”, contains additional adjuvants that result in a “wet” powder that will be diluted by the consumer prior to use. You suggest it is classifiable as an insecticidal mixture or preparation.

The applicable subheading for Product Number 1, “Aqueous Solution Label”, will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The general rate of duty is Free.

The applicable subheading for Product Number 2, “EP Label”, will be 3808.91.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, anti-sprouting 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: Containing any aromatic or modified aromatic insecticide: Other.” The general rate of duty will be 6.5 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

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 Heading 3808, please contact National Import Specialist Paul Hodgkiss at [email protected]. If you have questions regarding Heading 3002, please contact National Import Specialist Judy Lee at [email protected].


Steven A. Mack
National Commodity Specialist Division