The tariff classification of Kasumin® Liquid 2% (CAS-19408-46-9) from Japan

N058539 May 8, 2009 CLA-2-38:OT:RR:E:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.92.5000 Susan Parker Arysta Lifescience NA 15401 Weston Parkway, Suite 150 Cary, NC 27513 RE: The tariff classification of Kasumin® Liquid 2% (CAS-19408-46-9) from Japan Dear Ms. Parker: In your letter dated April 23, 2009, you requested a tariff classification ruling. The subject product, Kasumin® Liquid 2%, is a formulation comprised of 2% Kasugamycin Hydrochloride Hydrate (CAS-19408-46-9) as the active ingredient, plus application adjuvants. Kasugamycin is produced from Streptomyces kasugaenis. It is intended to control bacterial and fungal diseases on pepper and tomato. Currently, Kasugamycin is active only against phytopathogenic fungi and bacteria and has never been used as a human or veterinary antibiotic. It is also in the experimental stages and has not been registered with the EPA, but tolerances have been established. The applicable subheading for the Kasumin® Liquid 2%, will be 3808.92.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides,…, 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: Other. ” The rate of duty will be 5% ad valorem. Currently, Kasumin® Liquid 2%, is not eligible for any special duty exemptions or programs. 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