Classification of BAYTAN a fungicide

HQ 081554 October 17, 1988 CLA-2 CO:R:C:G 081554 JGH CATEGORY: Classification TARIFF NO.: 2933.90 2000 Mr. B. C. Jardak Mobay Corporation Agricultural Chemicals Division Box 4913 Kansas City, Missouri 64120 RE: Classification of BAYTAN a fungicide Dear Mr. Jardak: Your letter of December 21, 1987, concerns the dutiable status of BAYTAN (technical), a fungicide from West Germany. FACTS: BAYTAN (technical), a fungicide, has the chemical name B-(4- chlorophenoxy)-a-(1,1-dimethylethy1)-1H-1,2,4-triazole-1-ethanol. The product is described as a seed treatment to control a number of plant diseases affecting major food crops. ISSUE: Whether BAYTAN (technical) is a classifiable in chapter 38 or chapter 29 of the HTSUSA. LAW AND ANALYSIS: Heading 3808 applies to finished insecticides and fungicides which are packaged for retail sale. Since BAYTAN is imported in its technical grade to be formulated into finished products subsequent to importation. Consequently, it is not classifiable in chapter 38 but as an organic chemical in chapter 29. BAYTAN (technical) is classifiable under the provision for heterocyclic compounds with nitrogen with nitrogen hetero-atom(s) only; nucleic acids and their salts; other; aromatic or modified aromatic; other, pesticides, other, in item 2933.90.2000, HTSUSA. -2- Since this product may be subject to the regulations of the Environmental Protection Agency, you may wish to contact them for further information at 401 M Street, S.W., Washington, D.C., 20460. HOLDING: BAYTAN (technical) is classifiable under the subheading 2933.90.2000, HTSUSA. The rate of duty is 13.5 percent ad valorem. Since the HTSUSA is not scheduled to replace the Tariff Schedules of the United States until January 1, 1989, this classification represents the present position of the Customs Service on the dutiable status of this commodity under the HTSUSA. If there are any changes in the HTSUSA prior to the effective date, this advice may not continue to be applicable. Sincerely, John Durant, Director Commercial Rulings Division cc:New York cc:Technical Services JGHurley:tj:typed 09/09/88