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NY 804902




January 11, 1995

CLA-2-29:S:N:N7:238 804902

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.90.2050; 3808.30.1500

Brian S. Goldstein, Esq.
Paul A. Horowitz, Esq.
Tompkins & Davidson
One Astor Plaza
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification of Diclofop-methyl (CAS Reg. No. 51338-27-3), in bulk form, from Germany; and "Hoelon 3EC" and "Illoxan 3EC" from Canada

Gentlemen:

In your letter dated December 7, 1994, on behalf of your client, AgrEvo USA Company, you requested a tariff classification ruling.

Diclofop-methyl (CAS Reg. Name: Methyl 2-[4-(2',4'-dichlorophenoxy)phenoxy]propanoate) is an herbicide. "Hoelon 3EC" and "Illoxan 3EC" are herbicide preparations, each containing Diclofop-methyl as the active ingredient.

The applicable subheading for Diclofop-methyl, in bulk form, will be 2918.90.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Pesticides: Other: Other." The rate of duty will be 12.8 percent ad valorem.

The applicable subheading for "Hoelon 3EC" and "Illoxan 3EC" herbicide preparations will be 3808.30.1500, HTS, which provides for: "Insecticides, ... , herbicides, antisprouting products and plant-growth regulators, ... , put up in forms or packings for retail sale or as preparations or articles ... : Herbicides, antisprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, antisprouting agent or plant-growth regulator: Other." The general rate of duty will be 1.4 cents per kilogram plus 9.1 percent ad valorem

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (202) 382-2090.

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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