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HQ 085796

February 7, 1990

CLA-1 CO:R:C:G 085796 KWM


TARIFF: 1701.99.0000

Mr. Rick Blomquist
Director of Staff Operations
Farnam Companies, Inc.
301 West Osborn
Phoenix, Arizona 85013-3928

RE: Farnam Die Fly Fly Bait feeding adjuvant; sucrose; insecticide

Dear Mr. Blomquist,

This letter is in response to your inquiry dated September 12, 1989, requesting tariff classification of a "feeding adjuvant constituent combination" for Farnam Die Fly Fly Bait. Your letter has been forwarded to us by our New York office for a classification ruling.


The product merchandise consists of a combination of indole, denatured alcohol, and granulated sucrose. The sucrose comprises the overwhelming majority of the product, in terms of both weight and mass (approximately 99.99 percent by weight). No cost or value breakdown was given. According to the request letter, the indole component acts as an attractant, and the sucrose is the carrier as well as a feeding adjuvant. The alcohol is used merely to serve as a transfer agent for combining the indole and sucrose.

After importation, this product will be combined with a pesticide for extermination purposes. It is our understanding that no pesticide, insecticide, etc., has been added prior to the importation of the feeding adjuvant. The feeding adjuvant will be imported from either Mexico, Ireland or Peru.


How is this item classified under the Harmonized Tariff Schedule of the United States Annotated?


Classification under the Harmonized Tariff Schedule of the United States Annotated (hereinafter "HTSUSA") is made in accordance with the General Rules of Interpretation (hereinafter "GRI's") 1 through 5. The systematic detail of the harmonized system is such that virtually all goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relevant Section or Chapter Notes. Then, if GRI 1 fails to classify the goods, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

From the outset, it is clear that the product in question here is not a pesticide, insecticide, or similar good. Those items are ordinarily classified in heading 3808, HTSUSA. However, the Explanatory Notes to heading 3808 state that:

Intermediate preparations, requiring further compounding to produce the ready-for-use insecticides , fungicides, disinfectants, etc., are also classified here, provided they already possess insecticidal, fungicidal, etc. properties. (Emphasis in the original)

Therefore, this product, which possesses no insecticidal or pesticidal properties whatsoever, is, in our opinion, precluded from classification as an insecticide or pesticide.

The product in the instant case is a combination of the three components indole, denatured alcohol and sucrose. Having failed classification by the terms of the headings (i.e., by GRI 1), the remaining GRI's become applicable. GRI 2 indicates, with regard to combination goods:

Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The classification of goods consisting of more than one material or substance shall be according to the principles of Rule 3.

GRI 3(b) provides, in reference to combination goods:

(b) Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a) [relative specificity], shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

There are no "hard and fast" rules for classifying goods by their essential character. Customs routinely takes into account such factors as weight, value, the role components play in the function of the goods, and the uniqueness of components, among other factors.

It is our opinion, in this case, that the sucrose component provides the fly feeding adjuvant with its essential character. Not only does the sucrose comprise the overwhelming majority of the weight and mass of the product, but we believe that it is also the most costly component. In addition, your letter indicates that the sucrose plays a dual role as both the carrier and feeding adjuvant for the fly bait.

Since the sugar comprises the essential character of the product, the fly feeding adjuvant, although a composite good, is considered to be a good made wholly of sucrose by the operation of GRI's 2 and 3. As such it is classified in subheading 1701.99.0000, HTSUSA, as cane or beet sugar and chemically pure sucrose, in solid form; other; other.


The fly feeding adjuvant used as a component material in the manufacture of Farnam Die Fly Fly Bait, composed of indole, denatured alcohol and sucrose, is classified in subheading 1701.99.0000, HTSUSA. The goods are subject to the quota and fees set forth in Additional U.S. Note 3 to Chapter 17, HTSUSA.


John A. Durant
Commercial Rulings Division

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