CLA-2 CO:R:C:F 952174 ALS
Ms. Juanita S. Domning
Richard Murray and Company
109 North Conception Street
P.O. Drawer 30
Mobile, AL 36601
RE: Miraculous Insecticide Chalk from China; Modification of New
York Ruling Letter (NYRL) 874450, dated May 22, 1992
Dear Ms. Domning:
In the referenced ruling letter you were advised that
formulated insecticide put up in the form of chalk sticks was
classifiable in subheading 3808.90.1000, Harmonized Tariff Schedule
of the United States Annotated (HTSUSA). We have been asked by our
New York Seaport Area Office to reconsider the result reached in
that ruling.
FACTS:
"Miraculous Insecticide Chalk" is a formulated insecticide
product in the form of chalk sticks packaged in small boxes of two
sticks each. The active ingredient in the product is deltamethrin
(prior name decamethrin was discontinued). Deltamethrin (CAS
52820-00-5), known by the trade name "Decis", is a pyrethroid, a
synthetic compound produced to duplicate or improve on the
biological activity of the active principles of the pyrethrum
plant. The product is intended for use against roaches or ants,
and is applied by scraping it against the surfaces where these
insects transverse.
ISSUE:
What is the proper classification of insecticide chalk?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed by
the General Rules of Interpretation (GRI's) taken in order. GRI
1 provides that the classification is determined first in
accordance with the terms of the headings and any relative section
and chapter notes. If GRI 1 fails to classify the goods and if the
heading and legal notes do not otherwise require, the remaining
GRI's are applied, taken in order.
In NYRL 874450 the product was classified in subheading
3808.90.1000, HTSUSA. That heading covers pesticides put up in
packings for retail sale or as preparations or articles (for
example, sulfur-treated bands, wicks and candles, and flypapers):
Other: Containing any aromatic or modified aromatic pesticide.
Since the product which was the subject of the aforementioned
ruling was an insecticide and not a pesticide, we concluded that
such classification was erroneous.
In considering the heading under which the instant product,
an insecticide packaged for retail, should be classified, we
concluded that it was properly classified at the 4 digit level in
heading 3808, HTSUSA. That heading provides, in pertinent part,
for "[i]secticides...put up in forms or packaging for retail
sale...." We, however, concluded that, at the 8 and 10 digits
level, the instant product should be classified under the
provisions for insecticides.
HOLDING:
Miraculous Insecticide chalk is classifiable in subheading
3808.10.2000, HTSUSA, 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): insecticides: other: containing any aromatic or
modified aromatic insecticide. It is subject to a general rate of
duty of 1.8 per kilogram plus 9.7 percent ad valorem.
NYRL 874450 is modified to correct the tariff subheading under
which the instant product is classifiable. Since the rate of duty
for this tariff subheading is the same as the tariff subheading
under which the product was previously classified, this change does
not alter the rate of duty applicable to the product.
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Since insecticides must be registered with the Federal
Environmental Protection Agency (EPA) before they can be lawfully
sold and/or distributed in the United States. You, therefore,
should contact that agency at its regional office nearest to your
location or the port of arrival of at:
Environmental Protection Agency
Pesticides Office H-7 501C
401 M Street, S.W.
Washington, D.C. 20460
(telephone - (703) 305-7090).
Sincerely,
John Durant, Director
Commercial Rulings Division