CLA-2-29:OT:RR:E:NC:2:238
Mr. Daniel M. Bazua
Richard L. Jones
Customhouse Brokers, Inc.
P.O. Box 7350
444 N. Cesar Chavez Street
San Luis, AZ 85349
RE: The tariff classification of Neemazal® Technical (CAS-11141-17-6) from India
Dear Mr. Bazua
In your letter dated June 9, 2009, you requested a tariff classification ruling on behalf of your client, Gowan Company LLC.
The subject product, Neemazal® Technical, is an intermediate insecticidal preparation which, according to the EPA label, contains azadirachtin (CAS-11141-17-6) as the active ingredient (c. 40% by weight) plus other limonoids and natural ingredients. The product is used for formulating ready-to-use azadirachtin-based preparations, such as Neemazal® - T/S 1.2 EC (an emulsifiable concentrate containing 1.2% by weight of azadirachtin), for agricultural, textile, domestic and veterinary pest management. Neemaza® formulations disrupt several physiological functions in the life cycle of numerous insects.
The applicable subheading for the subject product 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 http://www.usitc.gov/tata/hts/.
You also enquired as to the eligibility of the commodity under any special tariff treatment programs. Articles classifiable under subheading 3808.91.5000, HTSUS, are not entitled to duty free treatment under the Generalized System of Preferences (GSP). The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”. There are currently no other special treatment programs that would be applicable to importations of Neemazal® Technical.
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 www.epa.gov.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division