CLA-2-29:RR:NC:FC:238 A87041
Ms. B.C. Jardak
Bayer Corporation
8400 Hawthorn Road
P.O. Box 4913
Kansas City, MO 64120-0013
RE: The tariff classification of Fenamiphos Technical (CAS-
22224-92-6), imported in bulk form, and Nemacor 3 Turf,
Nemacor 10% Turf and Ornamental, and Nemacor 15% Granular,
from Germany
Dear Ms. Jardak:
In your letter dated August 15, 1996, you requested a tariff
classification ruling.
You indicate in your letter that you intend to import
Fenamiphos Technical (a systemic nematocide) into a foreign trade
zone, where you will utilize it, as the active ingredient, in the
production of the following formulated products (preparations):
Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor
15% Granular. We note that, according to the Farm Chemicals
Handbook '96 (page C 217), the Association of American Pesticide
Control Officials, Inc. (AAPCO) has included "nematodes and other
worms", "for purposes of legal convenience", in its definition of
the term, "Insect".
With respect to Nemacor 3 Turf and Ornamental, please be
advised that we are unable to issue a tariff classification
ruling without the following information: the percentage
composition by weight of each ingredient (active and inert)
making up the product; the EPA label; and the MSDS sheets.
The applicable subheading for Fenamiphos Technical, imported
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 11.3 percent ad valorem. The applicable subheading for
Nemacor 3 Turf, Nemacor 10% Turf and Ornamental, and Nemacor
15% Granular 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: Containing
any aromatic or modified aromatic insecticide: Other." The rate
of duty will be 1.1 cents per kilogram plus 8.4 percent ad
valorem.
This merchandise may be subject to the regulations of the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which
is administered by the Environmental Protection Agency, Office of
Pesticide Programs. You may contact them at 401 M Street, S.W.,
Washington, DC 20460, telephone number (703) 305-7092.
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 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
Cornelius Reilly at 212-466-5770.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division