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NY C89900


July 23, 1998

CLA-2-29:RR:NC:2:238 C89900

CATEGORY: CLASSIFICATION

TARIFF NO.: 2930.90.4400

Mr. Wayne Buhrer

Tomen Agro, Inc.

100 First Street, Suite 1610

San Francisco, CA 94105

RE: The tariff classification of Captan (CAS# 133-06-2), imported in bulk form, from India and Israel

Dear Mr. Buhrer:

In your letter dated July 2, 1998, you requested a tariff classification ruling.

According to the 1998 edition of the Farm Chemicals Handbook, the subject product, Captan (chemical name: N-

(trichloromethylthio)-4-cyclohexene-1,2-dicarboximide), is indicated for use as a protectant-eradicant fungicide.

The applicable subheading for Captan, imported in bulk form, will be 2930.90.4400, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Organo-sulfur compounds: Other: Other: Pesticides: Other: Other." The rate of duty will be 6.8 percent ad valorem.

Pursuant to General Note 4(d), HTS, the subject product, when imported from India, is not eligible for duty-free treatment for purposes of the Generalized System of Preferences (GSP).

Pursuant to General Note 8, HTS, the subject product may be eligible for duty-free treatment, under the United States-Israel Free Trade Area Implementation Act of 1985, upon compliance with all applicable regulations.

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

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 Harvey Kuperstein at 212-466-5770.

Sincerely,


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