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NY N027386




May 13, 2008

CLA-2-N027386:OT:RR:E:NC:N2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 2928.00.2500; 3808.92.1500; 9902.10.76

Mr. Mark D. Pinchok
Bayer Corporate and Business Services
100 Bayer Road
Pittsburgh, PA 15068

RE: The tariff classification of Trifloxystrobin Technical (CAS-141517-21-7), in bulk form, and Flint® Fungicide from Switzerland

Dear Mr. Pinchok:

In your letter dated May, 2, 2008, on behalf of Bayer CropScience LP, you requested a tariff classification ruling.

The first product, Trifloxystrobin Technical, is an organic compound and an active fungicide ingredient used in the formulation of pesticides. It works by interfering with the respiration in plant pathogenic fungi.

The second product, Flint® Fungicide, is a formulated fungicide containing Trifloxystrobin as the active ingredient. According to your letter, Flint® Fungicide provides control or suppression of several important diseases when using foliar applications on cucurbit vegetables, fruiting vegetables, etc.

The applicable subheading for the Trifloxystrobin Technical in bulk form will be 2928.00.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Organic derivatives of hydrazine or of hydroxylamine: Other: Aromatic." The rate of duty will be 6.5% ad valorem. However, Trifloxystrobin is eligible for a temporary reduced rate of duty under subheading 9902.10.76, HTSUS, which provides for “Methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoromtolyl [sic]) ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) (provided for in subheading 2928.00.25).” The rate of duty will be 2.4% ad valorem with an effective period of on or before 12/31/2009.

The applicable subheading for the Flint® Fungicide will be 3808.92.1500, HTSUS, 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): Fungicide: Containing any aromatic or modified aromatic: Other.” The rate of duty will be 6.5% 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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