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NY B85947




June 12, 1997

CLA-2-38:RR:NC:2:238 B85947

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Mr. Chris Leach
Mitsubishi International Corporation
333 South Hope Street, Suite 2500
Los Angeles, CA 90071

RE: The tariff classification of PB-ROPE and APM-ROPE pheromone dispensers, from Japan

Dear Mr. Leach:

In your letter dated May 19, 1997, you requested a tariff classification ruling.

The subject products, PB-ROPE (pink bollworm) and APM-ROPE (artichoke plume moth), consist of pheromone dispensers composed of 20cm-long polyethylene tubes, into each of which is inserted an aluminum wire or "rope". The wire, in turn, contains a formulation, based either on the pink bollworm or artichoke plume moth pheromone. Based on the MSDS sheets, both pheromones are organic substances, and (based on their chemical structures) are neither aromatic nor modified aromatic [Section VI, Additional U.S. Note 2(a) and (b), HTSUS, noted]. According to your letter, the tubes are placed in agricultural fields to attract insects, with each type of pheromone-containing "rope" serving as an attractant for its specific type of insect (i.e., pink bollworms or artichoke plume moths). The scent of the pheromone attracts the insect to the tube and satisfies its urge to mate, thereby causing a loss of interest in mating with other insects.

The applicable subheading for both products will be 3808.10.5000, 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 (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other." The rate of duty will be 5 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 U.S. 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,

Gwenn Klein Kirschner

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