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July 8, 1999

CLA-2-38:RR:NC:2:238 E84018

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.20.1500

Daniel E. Waltz, Esq.
Patton Boggs LLP
2550 M Street, NW
Washington, DC 20037-1350

RE: The tariff classification of Formulated Fenhaxamid from Germany

Dear Mr Waltz

In your letter dated June 23, 1999, on behalf of your client, Tomen Agro, Inc., you requested a tariff classification ruling.

The subject product, Formulated Fenhexamid, is a prepared fungicide, in the form of water-dispersible granules (WDG), containing (by weight) 50% Fenhexamid Technical (see NY Ruling Letter C89626, dated September 1, 1998) as the active ingredient. According to a letter from Tomen Agro’s Deputy General Counsel, enclosed by you as part of the instant ruling request, the subject product is being sold in the United States under the trade names, Elevate® and Decree®, which are registered to your client.

The applicable subheading for the subject product will be 3808.20.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for "[I]nsecticides  fungicides  , put up in forms or packings for retail sale or as preparations or articles  : Fungicides: Containing any aromatic or modified aromatic fungicide: 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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