The tariff classification of QuickBayt® Fly Bait from Germany

N194297 December 13, 2011 CLA-2-38:OT:RR:NC:N2:238 CATEGORY: Classification TARIFF NO.: 3808.91.2500; 9902.02.52 Mr. Mark Pinchok Bayer International Trade Services Corporation 651 Colliers Way, Suite 414 Weirton, WV 26062 RE: The tariff classification of QuickBayt® Fly Bait from Germany Dear Mr. Pinchok: In your letter dated November 22, 2011, you requested a tariff classification ruling. The subject product, QuickBayt® Fly Bait is a formulation containing 0.5 percent of the active ingredient, Imidacloprid (CAS-138261-41-3), an insecticide. In your letter, you state, QuickBayt® Fly Bait also contains an attractant, muscalure and Bitrex® which is a bittering agent to reduce the possibility of accidental ingestion by animals, children and pets. It is used for the control of adult flies and house flies in commercial, industrial and domestic areas. The applicable subheading for QuickBayt® Fly Bait will be 3808.91.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, herbicides, … 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: Insecticides: Other: Containing any aromatic or modified aromatic insecticide: Other.” The rate of duty will be 6.5 percent ad valorem. However, QuickBayt® Fly Bait is eligible for a temporary reduced rate of duty under subheading 9902.02.52, which provides for “Mixtures of imidacloprid (1-[(6-Chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine) (imidacloprid) (CAS No.138261–41–3) with application adjuvants (provided for in subheading 3808.91.25).” The rate of duty will be 4.2% ad valorem with an effective period of on or before 12/31/2012. 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 product 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 Judy Lee at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division