The tariff classification of Anti-Moth Hangers and Anti-Moth Bags from Spain

N240070 April 16, 2013 CLA-2-38:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 3808.91.5000 Ms. Paula Melich ACC10 Catalonia Competitiveness Agency Government of Catalonia One Rockefeller Plaza Suite 2610 New York, NY 10020 RE: The tariff classification of Anti-Moth Hangers and Anti-Moth Bags from Spain Dear Ms. Melich: In your letter dated March 26, 2013, on behalf of your client Tenka Best, SRL, you requested a tariff classification ruling. The first subject merchandise is an anti-moth hanger designed with a plastic clip that allows for it to be opened and closed over closet rods. The product contains the active ingredient Empenthrin, a synthetic pyrethroid used in insecticides against a broad spectrum of insects including moth. The second product is an anti-moth product packed in individual bags composed of empenthrin, perfume, microcrystalline cellulose and calcium carbonate. It is made of an unwoven fabric specially developed by the manufacturer, Tenka Best, SRL. The porous nature of the fabric permits the gradual release of the product. Both products are indicated for use as a moth repellent. The applicable subheading for the Anti-Moth Hangers and Anti-Moth Bags will be 3808.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Insecticides, … , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other." The rate of duty will be 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/. In your letter, you made a request in your submission for the applicability of an unspecified Free Trade Agreement to your product for preferential treatment. We are unable to make that determination since Spain is not part of any trade agreement program. Also, you have indicated that you want us to determine the country of origin of these products although you have already stated on your completed ruling submission form that the country of origin is Spain. If you have additional information support this request, please submit them to our office. Lastly, you requested a determination on the marking of the product. You did not submit a sample; however, you did attach a photographic presentation of the products to your ruling submission. We noted that all labeling information is in varied languages except English. Please note that when the items are imported into the United States, the product label and all information delivered on it must be written in the English language according to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which provides in general that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, or by visiting their 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division