The tariff classification of Acephate Technical, in bulk form, from India

N045356 December 3, 2008 CLA-2-99:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2930.90.4390; 9902.25.68 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Acephate Technical, in bulk form, from India Dear Ms. Parker: In your letter dated November 25, 2008, you requested a tariff classification ruling. The subject product, Acephate Technical, is an organophosphate foliar insecticide. It is primarily used for controlling aphids, including resistant species, in vegetables and in horticulture. The applicable subheading for the Acephate Technical in bulk form will be 2930.90.4390, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Organo-sulfur compounds: Other: Other: Pesticides: Other: Other: Other.” The ordinary general rate of duty will be 6.5 percent ad valorem. However, Acephate is eligible for a temporary reduced rate of duty under subheading 9902.25.68, HTSUS, which provides for “O, S-Dimethyl acetylphosphoramidothioate (Acephate) (CAS No. 30560-19-1) (provided for in subheading 2930.90.43).” The rate of duty for this product will be 1.8 percent ad valorem if entered on or before December 31, 2009. 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 product 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