CLA-2-29:OT:RR:NC:N2:238
Ms. Susan Parker
Arysta Lifescience N.A.
15401 Weston Parkway, Suite 150
Cary, NC 27513
RE: The tariff classification of Captan Technical (CAS-133-06-2) in bulk form, from Israel. Correction to Ruling Number N046337
Dear Ms. Parker:
This replaces Ruling Number N046337, dated December 16, 2008, which contained a clerical error. According to our telephone conversation on December 17, 2008, you stated Captan Technical will be imported from India but sourced from Israel. A complete corrected ruling follows.
The subject product, Captan Technical, is a chloroalkylthio fungicide belonging to the dicarboximide chemical family. It is intended for use in manufacture of pesticides. It is used on a variety of terrestrial and greenhouse food/feed crops, for post harvest fruit dips and seed treatment, for golf turf and for indoor non-food ornamentals, etc.
The applicable subheading for the Captan Technical in bulk form will be 2930.90.4390, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Organo-sulfur compounds: Other: Other: Pesticides: Other: Other: Other.” The rate of duty will be 6.5% ad valorem.
You state in your letter, that the product will be sourced from Israel but will be imported from India. Pursuant to General Note 4(d), HTSUS, the subject product, when imported from India, is not presently eligible for duty-free treatment for purposes of the Generalized System of Preferences (GSP). However, pursuant to General Note 8, HTSUS, the subject product may be eligible for duty-free treatment, under the United States-Israel Free Trade Area Implementation Act of 1985, upon compliance with all applicable regulations.
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/.
This product 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