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HQ 967970





January 13, 2006

CLA-2: RR:CTF:TCM: 967970 BtB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1500

Amie J. Ahanchian
KPMG LLP
2001 M Street, NW
Washington, DC 20036

RE: Classification of “Sulfometuron-methyl 75 WDG” Herbicide

Dear Ms. Ahanchian:

This is in response to your October 25, 2005, letter on behalf of Etigra LLC (“Etigra”), to this office requesting classification of a certain herbicide under the Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”). The herbicide will be imported from China.

FACTS:

The subject product, identified by you as “Sulfometuron-methyl 75 WDG Herbicide” is a prepared herbicide in the form of water dispersible granules (WDG) containing 75% (by weight) sulfometuron-methyl (C.A.S. number 74222-97-2) as the active ingredient. You state that the principal use of the product is to control broadleaf weeds and many annual and perennial grasses in forestry and non-agricultural areas. You indicate that the herbicide can be used for both general and selective weed control. You also state that “[i]nformation provided by the Chinese manufacturer indicates that [the product] is an aromatic containing carbon substances.” The product will be imported in 3-pound bottles ready for retail sale.

In your October 25, 2005 letter, you assert that the herbicide at issue is classified in subheading 3808.30.1500, HTSUSA, which provides for: “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: Other."

ISSUE:

What is the classification of the herbicide at issue?

ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." If the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied, in order.

The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Heading 3808, HTSUSA, provides for: “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers). In regard to the herbicides covered by the heading, the EN to heading 3808 states:

Herbicides are chemicals which are used to control or destroy unwanted plants. Some herbicides are applied to dormant plant parts or seeds, while other herbicides are applied to the whole foliage. They can provide control which is selective (herbicides which affect specific plants) or non-selective (herbicides which result in the complete eradication of vegetation).

“Sulfometuron-methyl 75 WDG Herbicide” is a herbicide specifically provided for by the terms of heading 3808, HTSUSA. The product is used to control or destroy unwanted plants and is imported in a form ready for retail sale.

Under heading 3808, HTSUSA, at the subheading level, herbicides (as well as anti-sprouting products and plant-growth regulators) are further delineated based on the content of any aromatic or modified aromatic herbicide. Additional U.S. Note 2(a) to Section VI (which covers “Products of the Chemical or Allied Industries”) states that, for the purposes of the HTSUSA, “aromatic” as applied to any chemical compound refers to such compound containing one or more fused or unfused benzene rings.”

In regard to the herbicide at issue, the chemical structure of sulfometuron-methyl reveals the presence of an unfused benzene ring. Consequently, the sulfometuron-methyl molecule is “aromatic” for HTSUSA purposes.

HOLDING:

By application of GRI 1, “Sulfometuron-methyl 75 WDG Herbicide” is classified in heading 3808, HTSUSA. It is specifically provided for in subheading 3808.30.1500, HTSUSA, which provides for: “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: Other."

The applicable column one, general duty rate under the 2006 HTSUSA is 6.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUSA and the accompanying duty rates are provided on the world wide web at www.usitc.gov.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

Sincerely,

Gail A. Hamill, Chief

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