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NY B86557




June 17, 1997

CLA-2-38:RR:NC:2:238 B86557

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1500

John M. Peterson, Esq.
Neville, Peterson & Williams
80 Broad Street, 34th Floor
New York, NY 10004

RE: The tariff classification of Butralin Sucker Control from France

Dear Mr. Peterson:

In your letter dated June 12, 1997, on behalf of your client, Uniroyal Chemical Company, Inc., you requested a tariff classification ruling.

The subject product, Butralin Sucker Control, is a formulated product (preparation) for the control of suckers on tobacco. It contains Butralin [4-(1,1-dimethylethyl)-N-(1-methylpropyl)-2,6-dinitrobenzenamine (CAS-33629-47-9], described in the Farm Chemicals Handbook '97 as a preemergent herbicide and plant-growth regulator, as the active ingredient (36.5% by weight).

The applicable subheading for the subject product, imported in bulk form or imported put up in forms or packings for retail sale, will be 3808.30.1500, Harmonized Tariff Schedule of the United States (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 rate of duty will be 0.7 cents per kilogram plus 7.8 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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