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NY A88048




October 1, 1996

CLA-2-38:RR:NC:FC:238 A88048

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 Nemacur 3 from Germany

Dear Ms. Jardak:

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

You indicate that you intend to import Fenamiphos Technical (a systemic nematicide) into a foreign trade zone, where you will utilize it, as the active ingredient, in the production of Nemacur 3, a formulated insecticide-nematicide for the control of nematodes. We note that, according to the Farm Chemicals Handbook '96 (page C 217), the Association of American Pesticide Control Officials, Inc. (AAPCO) has included "nematodes and other worms", "for purposes of legal convenience", in its definition of the term, "Insect".

With respect to Guthion SC for Canada, Baygon MOS, and Dylox 420, noting that these products appear 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 Nemacur 3 will be 3808.10.2500, HTS, which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: 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 regulations 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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