The tariff classification of Fluopyram Technical (CAS-658066-35-4) and Fluopyram 500 SC Fungicide from Germany

N089437 January 11, 2010 CLA-2-29:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 2933.39.2100; 3808.92.1500 Mr. Mark D. Pinchok Bayer Corporation 100 Bayer Road Pittsburgh, PA 15205 RE: The tariff classification of Fluopyram Technical (CAS-658066-35-4) and Fluopyram 500 SC Fungicide from Germany Dear Mr. Pinchok: In your letter dated December 30, 2009, you requested a tariff classification ruling. The first product, Fluopyram Technical is an active fungicidal ingredient that is used in the formulation of finished pesticides. It is used to combat various plant diseases caused by fungal pathogens such as gray mold, sclerotinia and monilia diseases. The second product, Fluopyram 500 SC Fungicide, is a formulation of 41.50 percent by weight of the active ingredient, Fluopyram. It will be formulated as a suspension concentrate, which is intended to be to be diluted with water before use. The applicable subheading for Fluopyram Technical, will be 2933.39.2100, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Fungicides.” The rate of duty will be 6.5 percent ad valorem. The applicable subheading for the Fluopyram 500 SC Fungicide, will be 3808.92.1500, Harmonized Tariff Schedule of the United States (HTS), 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. 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