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NY A88021




October 8, 1996

CLA-2-38:RR:NC:2:238 A88021

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.2500

Ms. B.C. Jardak
Bayer Corporation
8400 Hawthorn Road
P.O. Box 4913
Kansas City, MO 64120-0013

RE: The tariff classification of Admire 2 F, Provado 1.6 F, and Provado Solupak, from Germany

Dear Ms. Jardak:

In your letter dated September 12, 1996, you requested a tariff classification ruling.

You state that you intend to import Imidacloprid Technical insecticide (see NY A88022, issued to Bayer Corporation) into a foreign trade subzone, where it will be incorporated as the active ingredient in the manufacture of the following formulated insecticides: Admire 2 F ("Flowable"), Provado 1.6 F ("Flowable"), and Provado Solupak (75% Wettable Powder Insecticide in Water Soluble Packets). With respect to ADMIRE 240 Flowable Systemic Insecticide, noting that this product is destined for export to Canada from the United States, please be advised that this office is not authorized to issue tariff classification rulings on export merchandise. Accordingly, all requests for rulings for merchandise which is classified under the Statistical Classification of Domestic and Foreign Commodities Exported from the United States (Schedule B) should be directed to the U.S. Customs Service, Office of Regulations and Rulings, Franklin Court, 1301 Constitution Avenue, NW, Washington, DC, 20029.

The applicable subheading for Admire 2 F ("Flowable"), Provado 1.6 F ("Flowable"), and Provado Solupak (75% Wettable Powder Insecticide in Water Soluble Packets) will be 3808.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 1.1 cents per kilogram plus 8.4 percent ad valorem.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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