The tariff classification of Triadimefon Technical (CAS-43121-43-3) and Bayleton® 50DF Fungicide from Germany

N060056 May 20, 2009 CLA-2-29:OT:RR:E:NC:2:238 CATEGORY: Classification TARIFF NO.: 2933.99.2200; 9902.10.33; 3808.92.1500 Mr. Mark D. Pinchok Bayer Corporation 100 Bayer Road Pittsburgh, PA 15205 RE: The tariff classification of Triadimefon Technical (CAS-43121-43-3) and Bayleton® 50DF Fungicide from Germany Dear Mr. Pinchok: In your letter dated May 8, 2009, you requested a tariff classification ruling on behalf of your client, Bayer CropScience LP (BCS), for both referenced products. The first product, Triadimefon Technical, is a fungicide used as the active ingredient in formulated fungicide products. It is known by the chemical name 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-butanone. The second product, Bayleton® 50DF (Dry Flowable) Fungicide, is a formulation of c. 50 percent Triadimefon with application adjuvants. Triadimefon is a systemic fungicide in the triazole family of chemicals. It is used to control powdery mildews, rusts, and other fungal pests on cereals, fruits, vegetables, turf, shrubs, and trees. The applicable subheading for the Triadimefon Technical will be 2933.99.2200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other : Aromatic or modified aromatic: Other: Pesticides: Other: Other." The rate of duty will be 6.5 percent ad valorem. However, Triadimefon Technical is eligible for temporary duty suspension under subheading 9902.10.33, HTSUS, which provides for “1-(4-Chlorophenoxy)–3,3-dimethyl-1-(1H-1,2,4-triazol-1-y1)–2-butanone (CAS No. 43121–43–3) (Triadimefon) (provided for in subheading 2933.99.22) . The rate of duty will be free for merchandise entered on or before 12/31/2009. The applicable subheading for the Bayleton® 50DF (Dry Flowable) Fungicide will be 3808.92.1500, 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): Fungicides: Containing any aromatic or modified aromatic fungicide: Other." The rate of duty will be 6.5 percent ad valorem. (Formulations based on Triadimefon are not currently 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