The tariff classification of Kanemite™ 15 SC flowable, from Japan

N046464 December 18, 2008 CLA-2-38:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.91.2500 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Kanemite™ 15 SC flowable, from Japan Dear Ms. Parker: In your letter dated December 8, 2008, you requested a tariff classification ruling. The subject product, Kanemite™ 15 SC flowable, is a miticide in a suspension concentrate and contains 15.8% by weight Acequinocyl, (2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione (CAS # 57960-19-7)) as the active ingredient. It is used to control mites associated with almonds, tree nuts, pistachios, pome fruits, citrus, grapes and strawberries. The applicable subheading for the Kanemite™ 15 SC flowable will be 3808.91.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, ... , 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: Containing any aromatic or modified aromatic insecticide: 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 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