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HQ 081544


July 5, 1988

CLA-2 CO:R:C:G 081544 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 2930.90.1000

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

RE: Tariff Classification of an insecticide

Dear Mr. Jardak:

Your letter of December 21, 1987, concerns the tariff status under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for the insecticide, Mesurol, technical, made in West Germany.

FACTS:

Mesurol, technical, common name methiocarb, has the chemical name 3,5 Dimethyl-4-(methylthio) phenolmethylcarbamate. It is described as a carbamate insecticide, with wide spectrum of effectiveness in deciduous fruit, small fruits, citrus and ornamental plant applications.

ISSUE:

Whether Mesurol is classifiable as an insecticide in chapter 38 or a chemical compound in chapter 29 of the HTSUSA.

LAW AND ANALYSIS:

In the explanatory notes for HTSUSA in regard to the insecticides classifiable in 3808, it states that these are finished products packaged for retail sale, involving chemicals otherwise classifiable in chapter 29. The grade of Mesurol in issue is the technical grade which is not imported in a package intended for retail sale.

Under the proposed HTSUSA, scheduled to replace the Tariff Schedules of the United States, Mesurol, technical, would be classifiable under the provision for other organo- sulfur compounds, aromatic, pesticides in 2930.90.1000, and dutiable at the rate of 12.5 percent ad valorem. This
classification represents the current position of the Customs Service regarding the classification of this commodity under the proposed HTSUSA. If there are any changes before enactment, this advice may not continue to be applicable.

Since this product may be subject to the regulations of the Environmental Protection agency, you may wish to contact them at 401 M Street, S.W., Washington, D.C. 20460. The telephone number is (202) 382-2090.

HOLDING:

Mesurol, technical, is classifiable in the HTSUSA in 2930.90.1000.

Sincerely,

John Durant, Director

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