NY N027752 - The tariff classification of Imazapyr Technical (CAS-81334-34-1), imported in bulk form, from China, India, Indonesia or Thailand, and the tariff classification of the following formulations based on the isopropylamine salt of Imazapyr (Imazapyr-isopropylammonium, CAS-81510-83-0): Imazapyr E-Pro 4 Forestry Herbicide, Imazapyr E-Pro 2 VM & Aquatic Herbicide, and Imazapyr E-Pro 2E Site Prep/Basal Herbicide, also from China, India, Indonesia or Thailand - United States International Trade Commision Rulings

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NY N027752

May 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.39.2500; 3808.93.1500

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

RE: The tariff classification of Imazapyr Technical (CAS-81334-34-1), imported in bulk form, from China, India, Indonesia or Thailand, and the tariff classification of the following formulations based on the isopropylamine salt of Imazapyr (Imazapyr-isopropylammonium, CAS-81510-83-0): Imazapyr E-Pro 4 Forestry Herbicide, Imazapyr E-Pro 2 VM & Aquatic Herbicide, and Imazapyr E-Pro 2E Site Prep/Basal Herbicide, also from China, India, Indonesia or Thailand

Dear Mr. Russell:

In your letter dated April 7, 2008, you requested a tariff classification ruling.

The first product, Imazapyr Technical (common name: Imazapyr), is a pure active ingredient herbicide used for manufacturing purposes. The product will be imported in bulk form.

      The second, third, and fourth products, namely: Imazapyr E-Pro 4 Forestry Herbicide, Imazapyr E-Pro 2 VM & Aquatic Herbicide, and Imazapyr E-Pro 2E Site Prep/Basal Herbicide are prepared (formulated) herbicides, in liquid form, containing the isopropylamine salt of Imazapyr (CAS-81510-83-0) as the active ingredient. The products are used in non-food crop applications for the control of weeds, brush and aquatic vegetation in various industrial, forest and wetland sites. You state in your letter that Imazapyr E-Pro 4 Herbicide, Imazapyr E-Pro 2 Herbicide, and Imazapyr E-Pro 2E Herbicide will be imported in non-bulk form, put up packaged for retail sale.

The applicable subheading for Imazapyr Technical, imported in bulk form, will be 2933.39.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Other: Pesticides: Herbicides: Other." The rate of duty will be 6.5 percent ad valorem.

      The applicable subheading for Imazapyr E-Pro 4 Forestry Herbicide, Imazapyr E-Pro 2 VM & Aquatic Herbicide, and Imazapyr E-Pro 2E Site Prep/Basal Herbicide will be 3808.93.1500, 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, 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.

Articles classifiable under subheadings 2933.39.2500 and 3808.93.1500, HTSUS, which are products of India, Indonesia or Thailand, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. U.S. Customs and Border Protection Headquarters Office of Rulings and Regulations issued Letter H026342 to you on April 29, 2008, in which your request for guidance concerning the eligibility of the herbicide products was addressed. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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