Classification of Matacil insecticide

HQ 081543 July 20, 1988 CLA-2 CO:R:C:G 081543 SR CATEGORY: Classification TARIFF NO.: 2924.29.19 Mr. B.C. Jardak Mobay Corporation P.O. Box 4913 Kansas City, Mo. 64120-0013 RE: Classification of Matacil insecticide Dear Mr. Jardak: This is in reference to your letter of December 21, 1987, requesting the tariff classification of Matacil, technical grade, pesticide from West Germany under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: Matacil, technical grade, is an insecticide and fungicide with the common name of aminocarb. It is a benzenoid compound which is an active ingredient for an insecticide. Descriptive literature provided by the company states that Matacil is a soil insecticide. ISSUE: Whether Matacil, technical grade, is classifiable as a cyclic amide in Chapter 29 or as an insecticide in Chapter 38 of the HTSUSA. LAW AND ANALYSIS: For tariff purposes, Matacil, technical grade, is a benzenoid pesticide classifiable as a cyclic amide in Chapter 29, since it is not packaged for the consumer as required for classification in Chapter 38. - 2 - HOLDING: Matacil, technical grade, is classifiable under subheading 2924.29.19, HTSUSA, as cyclic amides (including cyclic carbamates) and their derivatives, salts thereof, other, aromatic, other, pesticides, other, and dutiable at the rate of 12.9 percent ad valorem. This classification represents the present position of the Customs Service regarding the dutiable status of the merchandise under the proposed HTSUSA. If there are changes before enactment this advice may not continue to be applicable. This product may be subject to the regulations of the Enviromental Protection Agency (EPA). The EPA may be contacted at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382-2090. Sincerely, John Durant, Director Commercial Rulings Division