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NY A86521

August 20, 1996
CLA-2-29:RR:NC:FC:238 A86521


TARIFF NO.: 2924.29.4700; 3808.10.2500

Ms. B.C. Jardak
Bayer Corporation
8400 Hawthorn Road
P.O. Box 4913
Kansas City, MO 64120-0013

RE: The tariff classification of Propoxur Technical (CAS-114-26- 1), imported in bulk form, and: Baygon 1.5 E.C.; Baygon 2% Bait; Baygon 70% WP; and Baygon (Propoxur) 70% Concentrate, from Germany

Dear Ms. Jardak:

In your letter dated August 6, 1996, you requested a tariff classification ruling.

You indicate in your letter that you intend to import Propoxur Technical (insecticide) into a foreign trade zone, where you will utilize it, as the active ingredient, in the production of the following formulated products (preparations): Baygon 1.5 E.C. (emulsifiable concentrate); Baygon 2% Bait; Baygon 70% WP (wettable powder); and Baygon (Propoxur) 70% Concentrate. With respect to Baygon MOS, we require the following information before we can issue a tariff classification ruling: the chemical name and percentage composition by weight of each ingredient (active and inert) making up the product.

The applicable subheading for Propoxur Technical, imported in bulk form, will be 2924.29.4700, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Pesticides: Other." The rate of duty will be 11.6 percent ad valorem. The applicable subheading for Baygon 1.5 E.C.; Baygon 2% Bait; Baygon 70% WP; and Baygon (Propoxur) 70% Concentrate, 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 1.1 cents per kilogram plus 8.4 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 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 Cornelius Reilly at 212-466-5770.


Roger J. Silvestri

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