CLA-2-23:OT:RR:NC:N5:231
Matias Gallegos
Givens & Johnston
950 Echo Lane
Suite No. 360 Houston, TX 77024
RE: The tariff classification of Pest Trap Lure from New Zealand
Dear Mr. Gallegos:
In your letter dated February 22, 2024, you requested a tariff classification ruling on behalf of your client, NZ Autotraps LTD (Whakatane, NZ).
The subject merchandise is a lure composed of vegetable oil, water, sugar, vinegar, pasteurized egg powder, and cinnamon oil. The product which can be installed to automatically dispense or refilled manually is used with an automatic trap to attract and capture invasive pests. The lure is packed in plastic pouches with a total net weight of 350 grams.
You suggest classification of the mayonnaise lure in subheading 3808.62.1000, HTSUS, which provides for Insecticides, rodenticides, fungicides, herbicides, antisprouting 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): Good specified in subheading note 2 to this chapter: In packings of a net weight content exceeding 300 g but not exceeding 7.5 kg: Containing any aromatic or modified aromatic pesticide. We disagree. You describe the mayonnaise lure as a mayonnaise-based product. The key ingredients are vegetable oil, water, sugar, vinegar, pasteurized egg powder, and cinnamon oil. Subheading Note 2 to Chapter 38, HTSUS, states Subheadings 3808.61 to 3808.69 cover only goods of heading 3808, containing alpha-cypermethrin (ISO), bendiocarb (ISO), bifenthrin (ISO), chlorfenapyr (ISO), cyfluthrin (ISO), deltamethrin (INN, ISO), etofenprox (INN), fenitrothion (ISO), lambda-cyhalothrin (ISO), malathion (ISO), pirimiphos-methyl (ISO) or propoxur (ISO).
The applicable subheading for Pest Trap Lure will be 2309.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for: Preparations of a kind used in animal feeding: Other: Other: Other: Animal feeds containing egg. The rate of duty will be 1.9 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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division