CLA-2-38:OT:RR:NC:N1:140
Mr. Damon V. Pike
The Pike Law Firm
2897 N. Druid Hills Road NE, Suite 155
Atlanta, Georgia 30329-3924
RE: The tariff classification of GS-omega/kappa-HxTx-Hv1a Insecticide in bulk
Dear Mr. Pike:
In your letter dated October 16, 2017, you requested a tariff classification ruling on behalf of Vestaron Corporation (VST).
The subject merchandise at issue is a liquid formulation of a naturally-derived insecticide. The liquid formation mainly contains 95 to 98% water and approximately 2 to 4% of the active ingredient. The active ingredient is a single peptide containing a single aromatic ring. It is primarily comprised of 40 amino acids with cysteine induced naturally occurring disulfide bonds.
During the manufacturing process of the instant liquid formulation, prior to importation, an anti-microbial is added to prevent any bacterial contamination. Any residual media solids left over from the manufacturing process are also removed from the liquid formulation prior to importation. You indicate that the instant product is imported in bulk. It appears to be ready to use, and although imported in bulk containers, it could be imported in retail packaging at this stage. This cleanup step prepares the intermediate product and renders it ready for use after dilution by the end user.
In your letter you suggest subheading 3002.90.51, HTSUS, which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” We disagree. In our opinion, the subject product is already a fully formulated insecticidal preparation ready for use and is more specifically provided for elsewhere in the tariff.
The applicable subheading for the GS-omega/kappa-HxTx-Hv1a Insecticide will be 3808.91.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, anti-sprouting 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): Other: Insecticides: Other: Containing any aromatic or modified aromatic insecticide: Other.” The general rate of duty will be 6.5 percent ad valorem.
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 https://hts.usitc.gov/current.
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 Heading 3808, please contact National Import Specialist Paul Hodgkiss at [email protected]. If you have questions regarding Heading 3002, please contact National Import Specialist Judy Lee at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division