The tariff classification of Kaligreen® Potassium Bicarbonate (CAS-298-14-6) Soluble Powder, from Japan

N047470 December 29, 2008 CLA-2-38:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.92.3000 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Kaligreen® Potassium Bicarbonate (CAS-298-14-6) Soluble Powder, from Japan Dear Ms. Parker: In your letter dated December 18, 2008, you requested a tariff classification ruling. The subject product, Kaligreen® Potassium Bicarbonate Soluble Powder, is a formulated contact-type fungicide based on microencapsulated potassium bicarbonate, an inorganic substance, as the active ingredient, together with surfactants and other application adjuvants. It is indicated for the control of powdery mildew for over forty crops. The applicable subheading for the Kaligreen® Potassium Bicarbonate Soluble Powder will be 3808.92.3000, 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: Fungicides: Other: Other: Containing an inorganic substance." 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