The tariff classification of 2-Methylthio-4-(trifluoromethyl) benzoic acid (CAS 142994-05-6) and Huskie™ Herbicide from Finland

N042287 November 3, 2008 CLA-2-29:OT:RR:E:NC:2:239 CATEGORY: Classification TARIFF NO.: 2930.90.2900, 3808.93.1500 Mr. Mark D. Pinchok Bayer Corporation 100 Bayer Road Pittsburgh, PA 15205-9741 RE: The tariff classification of 2-Methylthio-4-(trifluoromethyl) benzoic acid (CAS 142994-05-6) and Huskie™ Herbicide from Finland Dear Mr. Pinchok: In your letter dated October 21, 2008, on behalf of your client Bayer CropScience LP, you requested a tariff classification ruling for Huskie™ Herbicide and 2-Methylthio-4-(trifluoromethyl) benzoic acid. Huskie™ is a premix containing the herbicides pyrasulfotole and bromoxynil plus a crop safener. It is used for the control of certain broadleaf weeds in wheat, barley, oats, rye and triticale. 2-Methylthio-4-(trifluoromethyl) benzoic acid is used as an intermediate in the synthesis of pyrasulfotole, an active ingredient in Huskie™. The applicable subheading for the Huskie™ Herbicide will be 3808.93.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: Other." The rate of duty will be 6.5 percent ad valorem. 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. The applicable subheading for 2-Methylthio-4-(trifluoromethyl) benzoic acid will be 2930.90.2900, HTSUS, which provides for Organo-sulfur compounds: Other: Aromatic: Other. The rate of duty will be 6.5 percent 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 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 Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division