The tariff classification of Thiophanate-Methyl Technical (CAS-23564-05-8) in bulk form, from China

N048647 January 22, 2009 CLA-2-29:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2930.90.1000; 9902.03.77 Ms. Susan Parker Arysta Lifescience N.A. 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Thiophanate-Methyl Technical (CAS-23564-05-8) in bulk form, from China Dear Ms. Parker: In your letter dated January 8, 2009, you requested a tariff classification ruling. The subject product, Thiophanate-Methyl Technical is a fungicide used for broad-spectrum diseases control in vegetables, fruit, turf, almonds, peanuts and soybeans. The applicable subheading for Thiophanate-Methyl Technical, imported in bulk form, will be 2930.90.1000, Harmonized Tariff of the United States (HTS), which provides for “Organo-sulfur compounds: Other: Aromatic: Pesticides.” The rate of duty will be 6.5 percent ad valorem. However, Thiophanate-Methyl Technical is eligible for temporary free rate of duty under subheading 9902.03.77, HTSUS, which provides for “4,4’-o-Phenylenebis-(3-thioallophanic acid), dimethyl ester (thiophanate methyl) (CAS No. 23564–05–8) (provided for in subheading 2930.90.10).” The rate of duty will be free with an effective period of on or before 12/31/2009. 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 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