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NY 872481


March 30, 1992

CLA-2-38:S:N:N1-F:238 872481

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1000

Ms. Mary F. Tramontano
Hoechst Celanese Corporation
Route 202-206
P.O. Box 2500
Somerville, NJ 08876-1258

RE: The tariff classification of MCPA Herbicide, a formulated herbicide put up in one-gallon containers, from Canada.

Dear Ms. Tramontano:

In your letter dated March 6, 1992, received on March 20, 1992, you requested a tariff classification ruling.

MCPA Herbicide is a formulated herbicide containing (by weight) 74.4 percent of the isooctyl ester of 2-methyl-4- chlorophenoxyacetic acid (CAS number 026544-20-7) and 25.6 percent inert ingredients. In a telephone conversation with a member of my staff, on March 24, 1992, you stated that the product will be imported in one-gallon containers.

The applicable subheading for this product will be 3808.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides ... herbicides, antisprouting products and plant-growth regulators, ... put up in forms or packings for retail sale or as preparations ...: herbicides, antisprouting products and plant-growth regulators: containing any aromatic or modified aromatic herbicide, antisprouting agent or plant-growth regulator. The rate of duty, if considered goods originating in the territory of Canada, will be 0.3 cents per kilogram plus 1.9 percent ad valorem. Otherwise, the rate of duty will be 1.8 cents per kilogram plus 9.7 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404) or EPA Region II at (908) 321-6669.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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