HQ 0081539 - Classification of BAYLETON, a fungicide - United States International Trade Commision Rulings

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HQ 081539

November 4, 1988

CLA-2 CO:R:C:G 081539 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.2000

Mr. B. C. Jardak
Mobay Corporation
Agricultural Chemicals Division
P.O. Box 4913
Kansas City, Missouri 64120

RE: Classification of BAYLETON, a fungicide

Dear Mr. Jardak:

Your letter of December 21, 1987, concerns the tariff status of BAYLETON (technical), an insecticide from West Germany, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)

FACTS:

BAYLETON (technical) a fungicide, has the chemical name 1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2- butanone. The product is described as a fungicide with particular application against powdery mildews and rusts.

ISSUE:

Whether BAYLETON (technical) is classifiable in chapter 38 or chapter 29, HTSUSA.

LAW AND ANALYSIS:

In the heading 3808 HTSUSA, it is stated that the provision covers fungicides put up in forms or packings for retail sale. The product in question is the technical grade, which, subsequent to importation, is formulated into consumer products which are packaged for retail sale. As a result it would not be classifiable in chapter 38 but as an organic chemical in chapter 29.

BAYLETON (technical) is classifiable under the provision for heterocyclic compounds with nitrogen hetero-atom(s) only: nucleic acids and their salts: Other, aromatic or modified aromatic, other, pesticides, other, in subheading 2933.90.2000 HTSUSA. This product may be subject to the regulations of the Environmental Protection Agency. For further information you may contact them at 401 M Street, S.W., Washington, D.C. 20460

HOlDING:

BAYLETON (technical) is classifiable under subheading 2933.90.2000 HTSUSA. The rate of duty is 13.5% ad valorem. This classification represents the present position of the Customs Service on the dutiable status of this commodity under the HTSUSA, effective January 1, 1989. If there are any changes before the effective date of the HTSUSA, this advice may not continue to be applicable.

Sincerely,

John Durant, Director

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