NY 861158
APR 11 1991
CLA-2-38:S:N:N1:238 861158
Mr. L.Yau
Thomson Research Associates
223 Adelaide Street W.
Toronto, Ontario, Canada M5H 1X4
RE: The tariff classification of Ultrafresh NM, Ultrafresh DM-50
and Ultrafresh DM-50cc from Canada.
Dear Mr. Yau:
In your letter dated February 25, 1991 you requested a
tariff classification ruling.
Ultrafresh NM is a formulated bacteriostat, fungistat
containing the active ingredient 5-chloro-2-(2,4-dichlorophenoxy)
phenol and other inert ingredients. Ultrafresh DM-50 and
Ultrafresh DM-50cc are formulated bacteriostat, fungistat
products containing the active ingredient tributyltin maleate and
other inert ingredients.
The applicable subheading for the Ultrafresh NM will be
3808.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for Insecticides, ... and similar products
put up as preparations, other, containing any aromatic or
modified aromatic pesticide. The duty rate will be 1.8 cents per
kilo plus 9.7 percent ad valorem.
Goods classifiable under subheading 3808.90.1000, HTS,
which have originated in the territory of Canada, will be
entitled to a 3.8 percent rate of duty under the United States-
Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.
The applicable subheading for the Ultrafresh DM-50 and
Ultrafresh DM-50cc will be 3808.90.5000, HTS, which provides for
Insecticides, ... and similar products put up as preparations,
other, other, other. The duty rate will be 5 percent ad valorem.
Goods classifiable under subheading 3808.90.5000, HTS, which
have originated in the territory of Canada, will be entitled to a
2 percent rate of duty under the United States-Canada Free Trade
Agreement (FTA) 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 (800) 424-9086.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport