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NY 814528

October 18, 1995

CLA-2-29:R:N2:238 814528


TARIFF NO.: 2930.90.1000; 3808.10.2500

Mr. Bruce A. Herman
Gowan Company
1644 Engler Avenue
P.O. Box 5569
Yuma, AZ 85366-5569

RE: The tariff classification of Phosmet insecticide (Phosphorodithioic acid S-[(1,3-dihydro-1,3dioxo-2H- isoindol-2-yl)methyl] O,O-dimethyl ester; CAS-732-11-60), imported in technical-grade and formulated forms, from Spain and China

Dear Mr. Herman:

In your letter dated September 1, 1995, you requested a tariff classification ruling.

The subject products consist of the insecticide, Phosmet, which, you indicate, will be imported in bulk form, as the technical-grade product, as well as the active ingredient in formulated insecticidal preparations (e.g., Imidan 5 Dust, Imidan 50-WP, Imidan 50-WSB, Imidan 70-WP, Imidan 70-WSB).

With respect to your inquiry concerning the importation of these products from Mexico, please be advised that this office cannot issue a ruling without the following information: 1) the actual country of manufacture of the finished products, 2) the country of origin and chemical identity (including CAS#) of each of the raw materials used in the manufacture of the finished products, 3) the actual condition of each of the raw materials, as imported into the country of manufacture of the finished products, and, 4) a complete description of the manufacturing process for each finished product. When this information is available, you may wish to resubmit your request.

The applicable subheading for technical-grade Phosmet, in bulk form, will be 2930.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Organo-sulfur compounds: Other: Aromatic: Pesticides." The rate of duty will be 11.9 percent ad valorem. The applicable subheading for formulated products containing Phosmet as the active ingredient will be 3808.10.2500, HTS, which provides for: "Insecticides ... , put up in forms or packings for retail sale or as preparations or articles ... : Insecticides: Other: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 1.4 cents per kilogram plus 9.1 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404) or EPA Region II at (908) 321-6669.

This ruling is being issued under the provisions of Section 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 C. Reilly at 212-466-5770.


Roger J. Silvestri

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