HQ 0088109 - Insecticide - United States International Trade Commision Rulings

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HQ 088109

January 17, 1991
CLA-2 CO:R:C:G 088109 SLR

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.2000

Mr. Zhong Jianyi
Diben Association, Inc.
Apartado 1119
Balboa Ancon
Panama, Rep. de Panama

RE: Insecticide

Dear Mr. Jianyi:

This is in reference to your letter of October 30, 1990, requesting the classification of "Tiza Insecticida Maravillosa" under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The product, a sample of which was provided for our inspection, is manufactured in Panama from raw materials imported from France.

FACTS:

"Tiza Insecticida Maravillosa" is an insecticide product in the form of chalk. It is composed of an aromatic insecticide known as Decamethrin (also known as Decas or Deltamethrin) and having the chemical name (s)-a-cyano-m-phenoxybenzyl (1r, 3r)-3(2,2 dibromovinyl)-dimethylcyclopropane-carboxylate 2.0-3.0 percent by weight and calcium sulfate 97-98 percent by weight. The chalk is wrapped in a clear plastic bag and placed inside a paper box measuring 1 inch by 3 inches. The product is then put up for retail sale.

ISSUE:

What is the proper classification of the product at issue under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Heading 3808, HTSUSA, provides, in pertinent part, for "[i]nsecticides...put up in forms or packaging for retail sale...." As the product in question is an insecticide and is packaged for retail sale, it is classifiable in heading 3808.

HOLDING:

"Tiza Insecticida Maravillosa" is classifiable in subheading 3808.10.2000, HTSUSA, 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 or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): insecticides: other: containing any aromatic or modified aromatic insecticide. The applicable rate of duty is 1.8 cents per kilogram plus 9.7 percent ad valorem.

Articles classifiable under subheading 3808.10.2000, HTSUSA, which are products of Panama, are entitled to duty free treatment under the Generalized System of Preferences upon compliance with all applicable regulations.

Sincerely,

John Durant, Director
Commercial Rulings Division

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