CLA-2-29:R:N2:238 814528
Mr. Bruce A. Herman
Gowan Company
1644 Engler Avenue
P.O. Box 5569
Yuma, AZ 85366-5569
RE: The tariff classification of Phosmet insecticide
(Phosphorodithioic acid S-[(1,3-dihydro-1,3dioxo-2H-
isoindol-2-yl)methyl] O,O-dimethyl ester; CAS-732-11-60),
imported in technical-grade and formulated forms, from Spain
and China
Dear Mr. Herman:
In your letter dated September 1, 1995, you requested a
tariff classification ruling.
The subject products consist of the insecticide, Phosmet,
which, you indicate, will be imported in bulk form, as the
technical-grade product, as well as the active ingredient in
formulated insecticidal preparations (e.g., Imidan 5 Dust,
Imidan 50-WP, Imidan 50-WSB, Imidan 70-WP, Imidan 70-WSB).
With respect to your inquiry concerning the importation of
these products from Mexico, please be advised that this office
cannot issue a ruling without the following information: 1) the
actual country of manufacture of the finished products, 2) the
country of origin and chemical identity (including CAS#) of each
of the raw materials used in the manufacture of the finished
products, 3) the actual condition of each of the raw materials,
as imported into the country of manufacture of the finished
products, and, 4) a complete description of the manufacturing
process for each finished product. When this information is
available, you may wish to resubmit your request.
The applicable subheading for technical-grade Phosmet, in
bulk form, will be 2930.90.1000, Harmonized Tariff Schedule of
the United States (HTS), which provides for: "Organo-sulfur
compounds: Other: Aromatic: Pesticides." The rate of duty will
be 11.9 percent ad valorem. The applicable subheading for
formulated products containing Phosmet as the active ingredient
will be 3808.10.2500, HTS, which provides for: "Insecticides ...
, put up in forms or packings for retail sale or as preparations
or articles ... : Insecticides: Other: Containing any aromatic or
modified aromatic insecticide: Other." The rate of duty will be
1.4 cents per kilogram plus 9.1 percent ad valorem.
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 (202) 554-1404) or EPA
Region II at (908) 321-6669.
This ruling is being issued under the provisions of Section
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 C.
Reilly at 212-466-5770.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division