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NY N003159





November 17, 2006

CLA-2-29:RR:NC:2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2931.00.9043; 2918.90.2050; 2918.90.2010; 2916.20.5000; 2933.39.2700

Mr. Lee Smolen
UPS Trade Management Services, Inc.
12380 Morris Road
Alpharetta, GA 30005

RE: The tariff classification of Glyphosate Technical (CAS-1071-83-6), Dicamba Technical (CAS-1918-00-9), 2,4-D Technical (CAS-94-75-7), Bifenthrin Technical (CAS-82657-04-3) and Mepiquat Chloride Technical (CAS-24307-26-4), all imported in bulk form

Dear Mr. Smolen:

In your letter dated November 2, 2006, on behalf of your client, Axss USA LLC, you requested a tariff classification ruling.

The first product, Glyphosate Technical, which you refer to as “Glyphosate Acid Technical,” is an herbicide.

The second product, Dicamba Technical, which you refer to as “Dicamba Acid Technical,” is an herbicide.

The third product, 2,4-D Technical, which you refer to as “2,4-D Acid Technical,” is an herbicide.

The fourth product, Bifenthrin Technical, is an insecticide and an acaricide (miticide).

The fifth product, Mepiquat Chloride Technical, is a plant growth regulator.

The applicable subheading for Glyphosate Technical, imported in bulk form, will be 2931.00.9043, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other organo-inorganic compounds: Other: Other: Organo-phosphorus compounds: Other.” The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Dicamba Technical, imported in bulk form, will be 2918.90.2050, HTSUS, which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Pesticides: Other: Other.” The rate of duty will be 6.5 percent ad valorem. Pursuant to title 19, United States Code, Section 3005, The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of Dicamba Technical. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly, based on that recommendation, it is anticipated that Dicamba Technical will be classified in subheading 2918.99.20, HTSUS, under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

The applicable subheading for 2,4-D Technical, imported in bulk form, will be 2918.90.2010, HTSUS, which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Pesticides: Other: 2,4-Dichlorophenoxyacetic acid, its salts and esters.” The rate of duty will be 6.5 percent ad valorem. Pursuant to title 19, United States Code, Section 3005, The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of 2,4-D Technical. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly, based on that recommendation, it is anticipated that 2,4-D Technical will be classified in subheading 2918.99.20, HTSUS, under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only.

The applicable subheading Bifenthrin Technical, imported in bulk form, will be 2916.20.5000, HTSUS, which provides for “Cyclanic, cyclenic or cycloterpenic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other.” The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Mepiquat Chloride Technical, imported in bulk form, will be 2933.39.2700, HTSUS, which provides for “Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: other: Pesticides: Other.” The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

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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