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NY A86523

August 22, 1996

CLA-2-29:RR:NC:FC:238 A86523


TARIFF NO.: 2934.90.1600; 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 Morestan Technical (CAS-2439- 01-2), imported in bulk form, and Morestan 4 Ornamental Miticide and Morestan 25 WP Miticide-Fungicide-Insecticide, from Germany

Dear Ms. Jardak:

In your letter dated August 13, 1996, you requested a tariff classification ruling.

You indicate in your letter that you intend to import Morestan Technical (an acaricide-insecticide-fungicide having the common names: Chinomethionat, Oxythioquinox, et al, for use in the manufacture of insecticides, miticides, and fungicides) into a foreign trade zone, where you will utilize it, as the active ingredient, in the production of the following formulated products (preparations): Morestan 4 Ornamental Miticide, and Morestan 25 WP Miticide-Fungicide-Insecticide. In a telephone conversation with a member of my staff, you indicated that Morestan Technical and its formulations are principally used in the United States as miticides.

The applicable subheading for Morestan Technical, imported in bulk form, will be 2934.90.1600, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Nucleic acids and their salts; other heterocyclic compounds: Other: Aromatic or modified aromatic: Other: Pesticides: Other: Insecticides." The rate of duty will be 11.3 percent ad valorem. The applicable subheading for Morestan 4 Ornamental Miticide and Morestan 25 WP Miticide-Fungicide-Insecticide 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: Containing any aromatic or modified aromatic insecticide: Other." The rate of duty will be 1.1 cents per plus 8.4 percent ad valorem.
This merchandise may be subject to the regulations of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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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