The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of Dicamba DMA and Dicamba DGA Herbicides from Canada.

N356212 June 18, 2026 CLA-2-38:OT:RR:NC:N3: 143 CATEGORY: Classification, Trade Programs TARIFF NO.: 3808.93.1500 Vincent DeLisi Fanwood Chemical, Inc. 219 N. Martine Avenue Fanwood, NJ 07023 RE: The tariff classification and eligibility of the United States-Mexico-Canada Agreement (USMCA) of Dicamba DMA and Dicamba DGA Herbicides from Canada. Dear Mr. DeLisi: In your letter dated November 19, 2025, you requested a binding ruling on behalf of Gharda Chemicals International, on the tariff classification and eligibility of Dicamba DMA and Dicamba DGA Herbicides under the United States-Mexico-Canada Agreement (USMCA). The first item under consideration is Dicamba DMA Herbicide, labeled as “Oracle.” You indicate that it is an agricultural herbicide used for weed control in corn, sorghum, small grains, pasture, hay rangelands, general farmstead non-cropland, fallow, sugarcane, asparagus, turf and grass seed crops. The herbicide will be imported in 2.5-gallon jugs. The second item under consideration is Dicamba DGA Herbicide, labeled as “Oracle Advanced.” You state that it is an agricultural herbicide used in crop and non-crop broadleaf weed control on asparagus, barley, Conservation Reserve Programs (CRP), corn, cotton, fallow croplands (between crop applications), fencerows, forest site preparations, general farmstead (non-cropland), grasses, grass grown for seed, hay, industrial areas, lawn, proso millet, oats, pasture, rangeland, rights-of-way, sorghum, soybeans, sugarcane, triticale, turf grasses (including sod farms and golf courses), and wheat. The herbicide will be imported in 2.5-gallon jugs. The manufacturing process of Dicamba DMA Herbicide begins with Dicamba acid (Chemical Abstract Service (CAS) No. 1918-00-9), which is imported from India to Canada. In Canada, Dicamba acid is mixed with potable water and heated. Then, Dimethylamine (DMA, CAS No. 124-40-3), sourced from the US, is slowly added, cooled to room temperature, and filtered to produce a 49.77% solution of the Dicamba DMA salt (CAS No. 2300-66-5). This concentrate is then diluted with water to make the finished Dicamba DMA Herbicide. The manufacturing process of Dicamba DGA Herbicide begins with Dicamba acid (CAS No. 1918-00-9), imported from India to Canada. In Canada, Dicamba acid is mixed with potable water and heated. Then Diglycolamine (DGA, CAS No. 929-06-6), sourced from the US, is slowly added, cooled to room temperature, and filtered to produce a 58.8% solution of the Dicamba DGA salt (CAS No. 104040-79-1). This concentrate is diluted with water to create the finished Dicamba DGA Herbicide. The applicable subheading for the Dicamba DMA and Dicamba DGA Herbicides imported in 2.5-gallon jugs will be 3808.93.1500, HTSUS, which provides for "Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: Other." The rate of duty will be 6.5 percent ad valorem. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies. When determining the country of origin, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). Based on the information provided and precedent rulings, N347136 (May 22, 2025) and N347137 (May 22, 2025), which addressed similar chemical products, it is our opinion that the country of origin for the Dicamba DMA and Dicamba DGA Herbicides imported in 2.5-gallon jugs, having undergone a chemical reaction, mixing, and formulating, will be Canada. The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note ("GN") 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states: For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a "good originating in the territory of a USMCA country" only if- (i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries; (ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials; (iii) the good is a good produced entirely in the territory of one or more USMCA countries using non-originating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o)); GN 11 (n) (iv) (A) provides that: (A) A good of chapters 28 through 38, except a good of heading 3301 or 3823 or subheading 2916.32 or 3502.11 through 3502.19, that results from a chemical reaction in the territory of one or more USMCA countries shall be treated as an originating good. Based on the facts provided, it is the opinion of the office that the goods described above qualify for USMCA preferential tariff treatment, as they satisfy the requirements of HTSUS General Note 11(n) (iv) (A). Accordingly, the Dicamba DMA and Dicamba DGA Herbicides imported in 2.5-gallon jugs are considered originating goods under USMCA and therefore will be entitled to a free rate of duty under the USMCA upon compliance with all applicable laws, regulations, and agreements. We are unable to rule on Dicamba DMA and Dicamba DGA imported in bulk form. The classification of these items involves an issue currently under review at Headquarters. This office is precluded from ruling on an issue which is the subject of a current or completed Customs transaction. In light of the prohibition set out in 19 C.F.R. Part 177, and as the instant classifications are closely related to the issue pending at Headquarters, we are unable to issue a tariff classification or USMCA ruling with respect to these items. When the issue before Headquarters has been completed, you may resubmit your request for a prospective ruling. 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) 566-1245, or by visiting their website at www.epa.gov. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Dionisia Melman at dionisia.y.melman@cbp.dhs.gov. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division