CLA-2-29:OT:RR:NC:N3:140

Ms. Eileen Family
Geodis USA
5101 South Broad Street
Philadelphia, PA 19112

RE: The tariff classification of S-2399 Technical Fungicide from Japan

Dear Ms. Family:

In your letter dated July 20, 2020, you requested a tariff classification ruling on behalf of your client, Valent U.S.A., LLC..

The item that you are requesting a Binding Ruling on is as follows:

Item Description

The subject item is called S-2399 Technical Fungicide. The Safety Data Sheet (SDS) that you provided indicates that the ingredients include 97.4% Inpyrfluxam, (CAS No. 1352994-67-2), and 2.6% impurities. Inpyrfluxam is also known as 3-(difluoromethyl)-1-methyl-N-[(3R)-1,1,3-trimethyl-2,3-dihydroinden-4-yl]pyrazole-4-carboxamide.

You also provided the chemical structure of the Inpyrfluxam. You state that Inpyrfluxam is a pesticide containing an unfused pyrazole ring. We have reviewed the data that you submitted and we agree with your assessment of the chemical function groups present.

You suggest classification under HTSUS 2933.19. We agree.

The applicable subheading for the S-2399 Technical Fungicide will be 2933.19.2300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyrazole ring (…) in the structure: Other: Aromatic or modified aromatic: Other: Pesticides.” The rate of duty will be 6.5% ad valorem.

This merchandise 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.

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 the 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 the ruling, contact National Import Specialist Paul Hodgkiss at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division