NY B80639 - The tariff classification of Malathion (CAS RN 121-75-5), imported in bulk form, and imported put up in packages for retail sale, from China - United States International Trade Commision Rulings

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NY B80639

December 27, 1996

CLA-2-29:RR:NC:2:238 B80639

CATEGORY: CLASSIFICATION

TARIFF NO.: 2930.90.4200; 3808.10.5000

Ms. Anita Kuo
Allchem Industries Inc.
4001 Newberry Road
Gainsville, FL 32607

RE: The tariff classification of Malathion (CAS RN 121-75-5), imported in bulk form, and imported put up in packages for retail sale, from China

Dear Ms. Kuo:

In your letter dated December 9, 1996, you requested a tariff classification ruling.

The subject product, Malathion, is the common name for an insecticide having the following CAS Registry names: [(Dimethoxyphosphinothioyl)thio]butanedioic acid diethyl ester; mercaptosuccinic acid diethyl ester; and, S-ester with O,O- dimethyl phosphorothioate.

The applicable subheading for Malathion, imported in bulk form, will be 2930.90.4200, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Organo-sulfur compounds: Other: Other: Pesticides: Other: O,O-Dimethyl-S-methyl carbamoylmethyl phosphorodithioate; and Malathion." The rate of duty will be free, which will remain the same for 1997. The applicable subheading for Malathion, imported put up packed for retail sale, will be 3808.10.5000, HTS, which provides for: "Insecticides, ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Other: Other." The rate of duty will be 5 percent ad valorem, which will remain the same for 1997.

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,

Roger J. Silvestri

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