Classification of Technical Grade Dylox

HQ 081540 December 1, 1988 CLA-2 CO:R:C:G 081540 JGH CATEGORY: Classification TARIFF NO.: 2931.00 5050 Mr. B. C. Jardak Mobay Corporation Agricultural Chemicals Division Box 4913 Kansas City, Missouri 64120 RE: Classification of Technical Grade Dylox Dear Mr. Jardak: Your letter of December 21, 1987, concerns the tariff status, under the Harmonized Tariff Schedules of the United States Annotated, (HTSUSA) of an insecticide made in West Germany called Dylox. FACTS: Dylox is said to have the chemical name dimethyl (2,2,2- trichloro-1-hydroxyethyl)-phosphonate, and the common name is Trichlorfon. According to the technical information sheet supplied, the grade of Dylox you are interested in is the technical grade. ISSUE: Whether the technical grade Dylox is classifiable in subheading 3808 or chapter 29, HTSUSA. LAW AND ANALYSIS: In heading 3808 HTSUSA, it is stated that the provision covers insecticides put up for retail sale. Therefore, 3808 would not apply to the technical grade since this grade has to be formulated subsequent to importation. Rather, under the HTSUSA, technical grade Dylox would be classified under the subheading for other organo-inorganic compounds in 2931.00.5050. -2- Since the product may be subject to the regulations of the Environmental Protection Agency, you may wish to contact that agency at 401 M Street, S.W., Washington, D.C., 20460. The telephone number is (202) 382-2090. HOLDING: Dylox, Technical, is classified in the HTSUSA provision 2931.00.5050. The rate of duty is 3.7 percent ad valorem. This classification represents the present position of the Customs Service regarding the dutiable status of this commodity under the HTSUSA, effective January 1, 1989. If there are any changes in the HTSUSA prior to the effective date, this advice may not continue to be applicable. Sincerely, John Durant Acting Director Commercial Rulings Division cc:New York cc:Technical Services JGHurley:tj:typed 06/20/88 rewritten 07/27/88