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NY N003968




December 20, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1500

Mr. Shannon Russell
Etigra LLC
501 Cascade Pointe Lane, Suite 103
Cary, NC 27513

RE: The tariff classification of MSM E-Pro Herbicide and SFM + MSM E-Pro Herbicide from China

Dear Mr. Russell:

In your letter dated November 30, 2006, you requested a tariff classification ruling.

The first product, MSM E-Pro Herbicide, is a prepared herbicide, in granular form, containing Metsulfuron-methyl (CAS-74223-64-6) as the active ingredient. You state in your letter that MSM E-Pro Herbicide will be imported put up in packages for retail sale.

The second product, SFM + MSM E-Pro Herbicide, is a prepared herbicide, in granular form, containing Sulfometuron-methyl (CAS-74222-97-2) and Metsulfuron-methyl (CAS-74223-64-6) as the active ingredients. You state in your letter that SFM + MSM E-Pro Herbicide will also be imported put up in packages for retail sale.

The applicable subheading for both products will be 3808.30.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: 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 (EPA), Office of Pesticide Programs. You may contact them at 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

Pursuant to title 19 United States Code, Section 3005, The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes was sent to the President for proclamation of the changes. By law, the President cannot proclaim the implementation of these latter amendments in the HTS until a required 60-legislative-day Congressional layover period is completed. We understand that the layover period has been completed. Accordingly, the recommended changes will become law after they are proclaimed by the President. The effective date of those changes will be specified in the Presidential proclamation. In addition, at that time, the United States International Trade Commission will post an updated electronic version of the 2007 HTSUS on its website, www.usitc.gov, and the Government Printing Office will publish a hard-copy version of the 2007 HTS.

Once those changes are in effect, it is anticipated that your merchandise will be classified in 3808.93.1500, HTSUS. Under the circumstances, this information is advisory only.

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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