The tariff classification of Flies Out from Costa Rica

N266535 July 28, 2015 CLA-2-38:OT:RR:NC:2:240 CATEGORY: Classification TARIFF NO.: 3808.91.5000 Mr. Rafael J. Jimenez Fryxco LLC. 405 Ave. Esmeralda, Suite # 2 Guaynabo, PR 00969 RE: The tariff classification of Flies Out from Costa Rica Dear Mr. Jimenez: In your letter dated July 08, 2015, you requested a tariff classification ruling on behalf of Exenos Costa Rica S.A. The subject product is called Flies Out. It is stated to be a mixture of several chemical substances which are used as a natural fly repellant. You indicate that it is “made with natural extracts” and it contains (in part) “essence of laurel, formalin, sticky oil, clove (Syzygium aromaticum). It will be presented in packs of 250 ml, liters, spray, or gallons, with indicators for domestic use.” The applicable subheading for the Flies Out repellant will be 3808.91.5000, Harmonized Tariff Schedule of the United States (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 of articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Insecticides: Other: Other.” The rate of duty will be 5 percent ad valorem. In your request letter, you also request a determination of Country of Origin and Trade Program Eligibility. The instant product may be eligible for reduced duty treatment under The Dominican Republic-Central America Free Trade Agreement (DR-CAFTA). The relevant DR-CAFTA tariff shift rule states: A change to subheadings 3808.10 through 3808.90 from any other subheading, provided that 50 percent by weight of the active ingredient or ingredients is originating. The DR-CAFTA rules of origin have not yet been updated to reflect the 2007 or the 2012 changes to the Harmonized System. Therefore, the pre-2007 classification for the goods at issue must be used in order to ascertain the eligibility under the DR-CAFTA. The instant merchandise may still be eligible for that program if it meets all other applicable rules and requirements. The eligibility of the instant product for the Trade Program or Agreement, depends on the determination at time of entry by the Port Director, based on certificates of origin presented at the time of entry as specified in 19 C.F.R. §10.616 and other verification documents as required. Your submission does not provide sufficient information for this office to make a determination of Country of Origin or Trade Program eligibility. If you require a written ruling from this office, you will need to provide us with the following information. Provide the country of origin where each ingredient is manufactured.Complete manufacturing process of the entire product including the packaging.Provide the country where the finished product will be directly imported from. 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 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) 733-3268 or via email at Paul.Hodgkiss@CBP.DHS.Gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division