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June 6, 1996

HQ 959286


CLA-2 RR:TC:FC 959286 ASM

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.90.0200

Mr. L. Klestadt
Trans-World Shipping Corporation
53 Park Place
New York, NY 10007

RE: Amendment of NYRL A82922; Azinphos-methyl (CAS 86-50-0)

Dear Mr. Klestadt:

This letter amends New York Ruling Letter (NYRL) A82922, dated April 30, 1996, wherein Customs ruled on three insecticides in bulk form: Azinphos-ethyl, Azinphos-methyl, and Carbaryl.

FACTS:

This ruling is intended to amend NYRL A82922, and only pertains to the product identified as Azinphos-methyl (CAS 86-50-0), which was classified within subheading 2933.90.1700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

What is the correct tariff classification for Azinphos-methyl (CAS 86-50-0)?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI's). The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied. The Explanatory Notes (ENs) to
the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's.

It has come to our attention that the product identified as Azinphos-methyl, was incorrectly classified in NYRL A82922. In fact, Azinphos-methyl, which has the chemical name of 0,0-Dimethyl S-[4-xo-1,2,3-benzotriazin-3(4H) -yl)methyl) phosphorodithioate, is provided for, by name, within subheading 2933.90.0200, HTSUSA.

HOLDING:

The product identified as, Azinphos-methyl, is properly classifiable within subheading 2933.90.0200, HTSUSA, which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Aromatic or modified aromatic: 0,0-Dimethyl S- [4-xo-1,2,3-benzotriazin-3(4H) -yl)methyl) phosphorodithioate." This provision is duty free under the general one column rate.

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, (202) 554-1404, or EPA Region II at (908) 321-6669.

Sincerely,

John Durant, Director

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