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NY G85265




December 21, 2000

CLA-2-38:RR:NC:2:238 G85265

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.20.5000

Frances J. Henderson, Esq.
Sonnenschein Nath & Rosenthal
1301 K Street N.W.
Suite 600, East Tower
Washington, DC 20005

RE: The tariff classification of Stopit™ Wettable Powder Turf Fungicide from Japan

Dear Ms. Henderson:

In your letter dated November 30, 2000, on behalf of your client, Tomen Agro Inc., you requested a tariff classification ruling.

The subject product, Stopit™ Wettable Powder Turf Fungicide, is a prepared fungicide, in wettable-powder form, containing (by weight) 2.5% polyoxin D zinc salt (CAS-146659-78-1) as the active ingredient. The product is indicated for use against Rhizoctonia spp. in turf grass. According to the twelfth edition of The Merck Index, polyoxins constitute an “[A]gricultural antifungal antibiotic complex produced by Streptomyces cacaoi var asoensis and S. piomogenus.”

The applicable subheading for the subject product will be 3808.20.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Insecticides, rodenticides, fungicides, , put up in forms or packings for retail sale or as preparations or articles : Fungicides: Other: Other: Other." The rate of duty will be 5 percent ad valorem. The rate of duty will remain unchanged in 2001.

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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