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April 22, 1999

CLA-2-38:RR:NC:2:238 E80624

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1500

Ms. Donna Weaver
Ka-Sha’ Customhouse Broker
7550 23rd Avenue So. Suite 192
Minneapolis, MN 55450

RE: The tariff classification of 2,4-D Amine Herbicide from Argentina

Dear Ms. Weaver:

In your letter dated April 8, 1999, you requested a tariff classification ruling on behalf of your client, Albaugh, Inc.

The subject merchandise, 2,4-D Amine Herbicide, is a formulation (preparation) indicated in the Farm Chemicals Handbook ‘99 for use as an herbicide on agricultural crops. It contains the active aromatic ingredient Dimethylammonium-2,4-dichlorophenoxyacetate (CAS# 2008-39-1), which is a selective, hormone-type, translocated phenoxy compound used mainly as a postemergence herbicide. In the subject merchandise, it is formulated with a surfactant/sequestering agent which retards foaming and increases solubility in water.

The applicable subheading for the 2,4-D Amine Herbicide will be 3808.30.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for “[i]nsecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): [h]erbicides, antisprouting products and plant-growth regulators: [c]ontaining any aromatic or modified aromatic herbicide, antisprouting agent or plant-growth regulator: [o]ther.” The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 3808.30.1500, HTS, which are products of Argentina, are entitled to duty-free treatment under the Generalized System of Preferences (GSP), 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 (EPA), 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
Director,

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