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NY H87465




January 24, 2002

CLA-2-38:RR:NC:2:238 H87465

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9150; 3808.90.9500

Mr. H. Yamada
Sumitomo Corporation of America
600 Third Avenue
New York, NY 10016-2001

RE: The tariff classification of Milbemectin Technical and Milbeknock® EC, both imported in bulk form, from Japan

Dear Mr. Yamada:

In your letter dated January 15, 2002, you requested a tariff classification ruling.

The first product, Milbemectin Technical, consists of a natural (i.e., non-formulated), nonisomeric mixture composed of (by weight) approximately 30% milbemectin A3 (CAS-51596-10-2) and 70% milbemectin A4 (CAS-51596-11-3). The CAS Registry name for milbemectin is (6R,25R)-5-O-demethyl-28-deoxy-6,28-epoxy-25-ethylmilbemycin B mixture with (6R,25R)-5-O-demethyl-28-deoxy-6,28-epoxy-25-methylmilbemycin B.

The second product, Milbeknock® EC, is a formulated (i.e., emulsifiable concentrate) miticide/insecticide containing milbemectin as the active ingredient.

The applicable subheading for Milbemectin Technical will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides for “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: Other: Other: Other: Other: Other: Other.” The rate of duty will be 5 percent ad valorem. The applicable subheading for Milbeknock® EC will be 3808.90.9500, HTS, which provides for “Insecticides, , disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Other: Other: Other.”

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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