HQ 0081542 - Classification of Oftanol insecticide - United States International Trade Commision Rulings

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HQ 081542

July 22, 1988

CLA-2 CO:R:C:G 081542 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 2929.90.10

Mr. B.C. Jardak
Mobay Corporation
P.O. Box 4913
Kansas City, Mo. 64120-0013

RE: Classification of Oftanol insecticide

Dear Mr. Jardak:

This is in reference to your letter of December 21, 1987, requesting the tariff classification of Oftanol, technical grade, insecticide from West Germany under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

Oftanol, technical grade, is an insecticide with the common name of Isofenphos. It is a benzenoid compound which is an active ingredient for insecticide. Descriptive literature provided by the company states that Oftanol is a soil insecticide.

ISSUE:

Whether Oftanol, technical grade, is classifiable as a compound with other nitrogen function in Chapter 29 or as an insecticide in Chapter 38 of the HTSUSA.

LAW AND ANALYSIS:

For tariff purposes, Oftanol is a benzenoid insecticide. Insecticides are classified in Chapter 29 or 38. The Chapter Notes to schedule 38 state: "1. This Chapter does not cover: (a) Separate chemically defined elements or compounds with the exception of the following:...(2) Insecticides...put up and described in heading No. 38.08." Heading No. 38.08 provides for insecticides put up in forms or packings for retail sale. Because Oftanol is a technical grade it is not suitable to be put up for retail sale and therefore must be classified in Chapter 29.

HOLDING:

Oftanol, technical grade, is classifiable under subheading 2929.90.10, HTSUSA, as a compound with other nitrogen function, other, aromatic, products described in additional U.S. Note 3 to Section VI and dutiable at the rate of 13.5 percent ad valorem.

This classification represents the present position of the Customs Service regarding the dutiable status of the merchandise under the proposed HTSUSA. If there are changes before enactment this advice may not continue to be applicable.

This product may be subject to the regulations of the Enviromental Protection Agency (EPA). The EPA may be contacted at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 382-2090.

Sincerely,

John Durant, Director

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