The tariff classification of Clothianidin Technical (CAS-210880-92-5) and Poncho™ 600 from Germany

N027760 May 19, 2008 CLA-2-29:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2934.10.9000; 3808.91.5000; 9902.10.84 Mr. Mark D. Pinchok Bayer Corporate and Business Services 100 Bayer Road Pittsburgh, PA 15068 RE: The tariff classification of Clothianidin Technical (CAS-210880-92-5) and Poncho™ 600 from Germany Dear Mr. Pinchok: In your letter dated May 6, 2008, on behalf of Bayer CropScience LP, you requested a tariff classification ruling. The first product, Clothianidin Technical, is an organic compound and an active insecticidal ingredient used in the formulation of pesticide end-use products. It is labeled as a seed treatment for use on canola, rapeseed and corn for the control of certain insect pests. The second product, Poncho™ 600, is a formulated insecticide containing Clothianidin, as the active ingredient. According to your letter, Poncho™ 600 is a seed-applied insecticide that protects both seeds and seedlings from damaging effects of worms, flea beetles, chinch bug, aphids, etc. The applicable subheading for the Clothianidin Technical in bulk form will be 2934.10.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Compounds containing an unfused thiazole ring (whether or not hydrogenated) in the structure: Other: Other.” The rate of duty will be 6.5% ad valorem. However, Clothianidin Technical is eligible for a temporary reduced rate of duty under subheading 9902.10.84, HTSUS, which provides for “(E)–1-(2-Chloro-1,3-thiazol-5-ylmethyl)–3-methyl-2 nitroguanidine (Clothianidin) (CAS No. 210880–92–5) (provided for in subheading 2934.10.90). The rate of duty will be 5.4% ad valorem with an effective period of on or before 12/31/2009. The applicable subheading for the Poncho™600 will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” The rate of duty will be 5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov. 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