The tariff classification of Serenade( wettable-powder biofungicide, imported in bulk form or imported put up in forms or packings for retail sale, from Mexico

NY H86129 December 19, 2001 CLA-2-38:RR:NC:2:238 H86129 CATEGORY: Classification TARIFF NO.: 3808.20.5000 Mr. Rolf Munk C.B. Lay Customs Brokers, Inc. 23609 South Cesar Chavez Street P.O. Box 4685 San Luis, AZ 85349 RE: The tariff classification of Serenade( wettable-powder biofungicide, imported in bulk form or imported put up in forms or packings for retail sale, from Mexico Dear Mr. Munk: In your letter dated November 1, 2001, on behalf of your client, Agraquest, Inc., you requested a tariff classification ruling. The subject product, Serenade( wettable-powder biofungicide, is a fungicide preparation containing the QST 713 strain of dried Bacillus subtilis (10% by weight) as the active ingredient. The applicable subheading for Serenade( wettable-powder biofungicide, imported in bulk form or imported put up in forms or packings for retail sale, will be 3808.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides … fungicides … , put up in forms or packings for retail sale or as preparations or articles … : Fungicides: Other: Other: Other. The general rate of duty will be 5 percent ad valorem. The general rate of duty in 2002 will remain unchanged. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. 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 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 Harvey Kuperstein at 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division