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NY G81534

August 31, 2000

CLA-2-38:RR:NC:2:238 G81534


TARIFF NO.: 3808.10.5000

Ms. Janet Ujfalusi
Janet Ujfalusi Customs Broker
10910 La Cienega Blvd.
Inglewood, CA 90304

RE: The tariff classification of Agroneem® emulsifiable concentrate from India

Dear Ms. Ujfalusi:

In your letter dated August 13, 2000, on behalf of your client, Agro Logistic Systems, Inc., you requested a tariff classification ruling.

The subject product, Agroneem®, is an emulsifiable concentrate (formulated product, preparation) containing Azadirachtin (CAS-11141-17-6), a compound isolated from the seeds of the neem tree, Azadirachta indica, and the chinaberry tree, Melia azedarach, as the active ingredient. The Farm Chemicals Handbook 2000, characterizes Azadirachtin as an insecticide that “[D]isrupts insect molting by antagonizing the insect hormone ecdysone.” It “[M]ay also serve as feeding deterrent for some insects.” Id. Lastly, “[D]epending on stage of life-cycle, insect death may not occur for several days. However, upon ingestion of nanogram quantities, insects become quiescent and stop feeding.” Id. According to your client’s specification sheet, Agroneem® has the following chemical composition (by weight): Azadirachtin, 0.17% (0.15% minimum); aliphatic solvent (ethanol), 7.00%; (non-ionic) emulsifier (nonyl phenol ethylene oxide condensate), 7.00%; antioxidant (l-ascorbic acid); neem extract, 15%; and solvent (butanol), 70.73%. A plastic container (with a screw-on cap), containing 32 fluid ounces of Agroneem®, was also submitted with your request. The container bears a permanently affixed label characterizing Agroneem® as an “Antifeedant,” “Insect Repellent,” “Growth Regulator,” and “Agricultural Insecticide.”

You assert that your client “[b]elieves the product is better described under classification: 1211.90.8090.” We disagree. While the subject product does, in fact, contain substances obtained from plants, i.e., Azadirachtin and neem extract, it is not in the actual form of the whole plant itself, or parts thereof (e.g., wood, bark, roots, seeds, leaves, etc.). Accordingly, pursuant to the Explanatory Notes to heading 1211, HTS, it is our determination that the subject product would be excluded from classification within that heading.

The applicable subheading for the subject product will be 3808.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for "[I]nsecticides, , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Insecticides: Other: Other: Other." The rate of duty will be 5 percent ad valorem.

We note that, at the present time, pursuant to General Note 4(b)(i) and (ii), products of India which are classifiable within subheading 3808.10.5000, HTS, are not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. 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 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 212-637-7068.


Robert B. Swierupski

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