CLA-2 CO:R:C:F 956792 RC
Mr. Phillip C. Mozer
Chem-Real Company
3700 Havana Street
Denver, Colorado 80239
RE: Request for Tariff Classification of Copper Oxychloride,
Pyrethrum, Atrazine, Simazine, and Diuron
Dear Mr. Mozer:
This is in response to your letter, dated August 1, 1994,
requesting tariff classifications for various chemicals under the
Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
You describe the subject chemicals as follows: (1) bulk,
maximum size package, Copper Oxychloride technical 57%, CAS #
1332-65-6; (2) bulk, maximum size package, pyrethrum, 25% natural
product, no CAS #; (3) bulk, maximum size package, pyrethrum, 20%
natural product, no CAS #; (4) Atrazine from South Africa, CAS #
1912-24-9; (5) Simazine from Bulgaria and South Africa, CAS #
122-34-9; and (6) Diuron from Brazil and South Africa, CAS # 330-54-1.
You stated in a telephone conversation, March 16, 1995, that
the two Pyrethrum products, 25% and 20% respectively, are
standardized by the addition of Xylene, a mineral oil-like
substance, 75% and 80% respectively. On March 20, 1995, in
response to our request for more information, we received a fax
from your office stating that you would submit a manufacturer's
flow chart indicative of the chemical dilutions with respect to
the pyrethrum products. Therefore, this office will rule on the
pyrethrum products in a separate ruling upon receipt of
additional information.
ISSUE:
What are the proper tariff classifications for Copper
Oxychloride, Atrazine, Simazine, and Diuron under the HTSUS?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the
General Rules of Interpretation (GRIs). The systematic detail of
the harmonized system is such that virtually all goods are
classified by application of GRI 1, that is, according to the
terms of the headings of the tariff schedule and any relative
Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRIs may then
be applied.
We find that Copper Oxychloride technical 57%, CAS # 1332-65-6, imported in bulk, is classified in subheading 2827.41.0000,
HTSUS, the provision for "Chlorides, chloride oxides and chloride
hydroxides; bromides and bromide oxides; iodides and iodide
oxides: Chloride oxides and chloride hydroxides: Of copper."
Atrazine, CAS # 1912-24-9 and Simazine, CAS # 122-34-9 are
classified in subheading 2933.69.6020, HTSUS, the provision for
"Heterocyclic compounds with nitrogen hetero-atom(s) only;
nucleic acids and their salts: Compounds containing an unfused
triazine ring (whether or not hydrogenated) in the structure:
Other: Other, Pesticides."
Diuron, CAS # 330-54-1, is classified in subheading
2924.21.1600, HTSUS, the provision for "Carboxyamide-function
compounds; amide-function compounds of carbonic acid: Cyclic
amides (including cyclic carbamate) and their derivatives; salts
thereof: Ureines and their derivatives; salts thereof: Aromatic:
Pesticides: Other."
HOLDING:
Copper Oxychloride technical 57% is classified in subheading
2827.41.0000, HTSUS, and is dutiable at the column one general
rate of 3.9 percent ad valorem.
Atrazine and Simazine are classified in subheading
2933.69.6020, HTSUS, and as products of Bulgaria or South Africa,
beneficiary countries of the Generalized System of Preferences,
are entitled to duty-free treatment under the column one special
rate, upon compliance with applicable regulations.
Diuron, is classified in subheading 2924.21.1600, HTSUS, and
as a product of Brazil or South Africa, beneficiary countries of
the Generalized System of Preferences, is entitled to duty-free
treatment under the column one special rate, upon compliance with
applicable regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division