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NY N026616




April 29, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.92.1500

Mr. Brian C. Wills
Associated Global Systems
333 New Hyde Park Road
New Hyde Park, NY 11042

RE: The tariff classification of Milsana® Bioprotectant Concentrate fungicide from China

Dear Mr. Wills:

In your letter dated April 23, 2008, on behalf of your client, Marrone Organic Innovations, Inc., you requested a tariff classification ruling.

The product is described as a formulated fungicide based on an ethanolic extract of dried, ground Reynoutria sachalinesis (Giant knotweed) plants. Milsana® Bioprotectant Concentrate is an end-use product that is used on food crops to enhance the resistance to fungal and bacterial diseases. The formulation contains 5 per cent by weight of the Reynoutria sachalinesis extract with about 86 per cent Basfoliar ® or equivalent liquid foliar fertilizer. The remaining weight of the formulated product is water. The chemicals Emodin and Physcion have been identified as the active components of the extract. These chemicals are anthraquinones, chemicals with an aromatic structure.

The applicable subheading for the Milsana® Bioprotectant Concentrate will be 3808.92.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, , fungicides, , put up in forms or packings for retail sale or as preparations or articles : Fungicides: Containing any aromatic or modified aromatic fungicide: 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. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov.

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
Director,

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