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NY J88768




September 19, 2003

CLA-2-29:RR:NC:2:238 J88768

CATEGORY: CLASSIFICATION

TARIFF NO.: 2932.19.5000; 3808.10.5000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of Dinotefuran Technical (CAS-165252-70-0), imported in bulk form, and Dinotefuran 20SG, from Japan

Dear Mr. Hoffacker:

In your letter dated September 8, 2003, on behalf of your client, Valent USA Corporation, you requested a tariff classification ruling.

The first product, Dinotefuran Technical, is an insecticide intended, subsequent to end-use formulation, for use on fruits, rice, and vegetables.

The second product, Dinotefuran 20SG, is a formulated insecticide containing Dinotefuran Technical (20% by weight) as the active ingredient.

The applicable subheading for Dinotefuran Technical, imported in bulk form, will be 2932.19.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Heterocyclic compounds with oxygen hetero-atom(s) only: Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure: Other: Other.” The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Dinotefuran 20SG will be 3808.10.5000, HTS, Which provides for ”Insecticidesput 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.

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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