The tariff classification of SERENADE® MAX in wettable powder form, from Mexico

N255188 August 1, 2014 CLA-2-38:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3808.92.5000 Mr. Mark Pinchok Bayer International Trade Services 651 Colliers Way, Suite 414 Weirton, WV 26062 RE: The tariff classification of SERENADE® MAX in wettable powder form, from Mexico Dear Mr. Pinchok: In your letter dated July 9, 2014, you requested a tariff classification ruling on behalf of Bayer CropScience LP. The subject product, SERENADE® MAX, is a fungicide preparation containing 14.6 percent by weight of QST 713 strain of Bacillus subtilis, as the active ingredient. According to the EPA label, SERENADE® MAX is a broad spectrum, preventative product for the control or suppression of plant diseases. Currently it is registered with EPA registration number 264-1151. The applicable subheading for the SERENADE® MAX in wettable powder form will be 3808.92.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, rodenticides, fungicides, … , put up in forms or packings for retail sale or as preparations or articles: Other: Fungicides: 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/. 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. For further guidance, you should contact the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs, at 1200 Pennsylvania Avenue, NW (Mail code 7501P), Washington D.C., 20460 by calling 703-305-7090 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 Judy Lee at judy.h.lee@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division