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NY F82268





February 8, 2000

CLA-2-38:RR:NC:2:238 F82268

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.10.5000

Ms. Carmen Puga
CEP Customs Broker, Inc.
2801 N.W. 74th Avenue, Suite 103
Miami, FL 33122

RE: The tariff classification of “CARRIER,” imported in bulk form, from Colombia

Dear Ms. Puga:

In your letter dated October 8, 1999, resubmitted on January 10, 2000, on behalf of your client, @gro S.A., you requested a tariff classification ruling.

According to the product specification sheet submitted, the subject product, designated as “CARRIER,” is a formulated insecticide composed of (by weight) 95% soybean oil and 5% nonylphenol (a non-ionic surfactant). In light of the additional designation on the Technical Data sheet (also submitted) as “CARRIER (E.C.),” we presume that, subsequent to importation and prior to actual application, the subject product will be dissolved in a suitable organic solvent to produce an emulsifiable concentrate. “CARRIER” is indicated for use against the sweet potato whitefly and the cotton aphid.

The applicable subheading for the subject product will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Insecticides, , put up in forms or packings for retail sale or as preparations or articles : Insecticides: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.

Articles classifiable under subheading 3808.10.5000, HTS, which are products of Colombia, may be entitled to duty-free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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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