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NY H86788




January 16, 2002

CLA-2-38:RR:NC:2:238 H86788

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.20.3000

Ms. Diane Fago
Cerexagri, Inc.
630 Freedom Business Center, Suite 402
King of Prussia, PA 19406

RE: The tariff classification of Microthiol® Disperss™ micronized wettable sulfur from France

Dear Ms. Fago:

In your letter dated December 14, 2001, you requested a tariff classification ruling.

The subject product, Microthiol® Disperss™, is a pesticidal preparation, in granular form, containing sulfur as the active ingredient. It is indicated for the control of fungal diseases and mites on crops. We note that, according to an article found on the World Wide Web, at http://ace.ace.orst.edu/info/extoxnet/pips/sulfur.htm, sulfur is characterized as “[a] non-systemic contact and protectant fungicide with secondary acaricidal activity.”

The applicable subheading for the subject product will be 3808.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Insecticides , fungicides, , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Fungicides: Other: Other: Containing an inorganic substance.” The rate of duty will be 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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