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March 30, 1999

CLA-2-38:RR:NC:2:238 D89627

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.2500

Mr. Wayne Buehrer
Tomen Agro, Inc.
100 First Street, Suite 1610
San Francisco, CA 94105

RE: The tariff classification of Kanemite™ flowable from Japan

Dear Mr. Buehrer:

In your letter dated March 18, 1999, you requested a tariff classification ruling.

According to the submitted descriptive literature and MSDS sheets, the subject product, Kanemite™ flowable, is an acaricide (miticide), in a flowable formulation, containing 2-(Acetyloxy)-3-dodecyl-1,4-naphthalene (CAS No. 57960-19-7) as the active ingredient (15% by weight). We note that the active ingredient is also designated in both the descriptive literature and MSDS sheets as “AKD-2023.”

The applicable subheading for the subject product will be 3808.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for “[I]nsecticides, rodenticides, fungicides, ... , 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: Containing any aromatic or modified aromatic insecticide: Other.” The rate of duty will be 6.5 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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