CLA-2 CO:R:C:G 081544 JGH
Mr. B. C. Jardak
Mobay Corporation
Agricultural Chemicals Division
Box 4913
Kansas City, Missouri 64120
Re: Tariff Classification of an insecticide
Dear Mr. Jardak:
Your letter of December 21, 1987, concerns the tariff
status under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for the insecticide, Mesurol,
technical, made in West Germany.
FACTS:
Mesurol, technical, common name methiocarb, has the
chemical name 3,5 Dimethyl-4-(methylthio)
phenolmethylcarbamate. It is described as a carbamate
insecticide, with wide spectrum of effectiveness in deciduous
fruit, small fruits, citrus and ornamental plant applications.
ISSUE:
Whether Mesurol is classifiable as an insecticide in
chapter 38 or a chemical compound in chapter 29 of the HTSUSA.
LAW AND ANALYSIS:
In the explanatory notes for HTSUSA in regard to the
insecticides classifiable in 3808, it states that these are
finished products packaged for retail sale, involving
chemicals otherwise classifiable in chapter 29. The grade of
Mesurol in issue is the technical grade which is not imported
in a package intended for retail sale.
Under the proposed HTSUSA, scheduled to replace the
Tariff Schedules of the United States, Mesurol, technical,
would be classifiable under the provision for other organo-
sulfur compounds, aromatic, pesticides in 2930.90.1000, and
dutiable at the rate of 12.5 percent ad valorem. This
- 2 -
classification represents the current position of the Customs
Service regarding the classification of this commodity under
the proposed HTSUSA. If there are any changes before
enactment, this advice may not continue to be applicable.
Since this product may be subject to the regulations of
the Environmental Protection agency, you may wish to contact
them at 401 M Street, S.W., Washington, D.C. 20460. The
telephone number is (202) 382-2090.
HOLDING:
Mesurol, technical, is classifiable in the HTSUSA in
2930.90.1000.
Sincerely,
John Durant, Director
Commercial Rulings Division
CO:R:C:G:JGHURLEY:lw 6/16/88