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NY F80275




February 2, 2000

CLA-2-2:RR:NC:2:238 F80275

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.90.1200; 2934.90.1600

Mr. Vernon Kurz

BDP International, Inc.
510 Walnut Street, 5th Floor
Philadelphia, PA 19106

RE: The tariff classification of Famoxadone technical (CAS-131807-57-3) and Indoxacarb technical (CAS-144171-61-9), imported in bulk form, from France

Dear Mr. Kurz:

In your letter dated November 23, 1999, on behalf f your client, E.I. DuPont de Nemours, Inc., you requested a tariff classification ruling.

According to a report issued to this office by the U.S. Customs laboratory in New York, the first product, Famoxadone technical (Development codes: JE874, DPX-JE874 and IN-JE874), is indicated for use as a fungicide.

According to a report issued to this office by the U.S. Customs laboratory in New York, the second product, Indoxacarb technical (Development codes: DPX-MP062, DPX-JW062, DPX-KN128 and DPX-K127), is indicated for use as an insecticide.

The applicable subheading for Famoxadone technical, imported in bulk form, will be 2934.90.1200, Harmonized Tariff Schedule of the United States (HTS), which provides for "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Pesticides: Other: Fungicides." The rate of duty will be 8.3 percent ad valorem.

The applicable subheading for Indoxacarb technical, imported in bulk form, will be 2934.90.1600, HTS, which provides for "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Pesticides: Other: Insecticides. The rate of duty will be 8.9 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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