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NY M84748




July 31, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.5000

Mr. Joseph Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of Clethodim-37MUP from Japan

Dear Mr. Hoffacker:

In your letter dated June 30, 2006, on behalf of your client, Valent USA Corporation, you requested a tariff classification ruling.

The subject product, Clethodim-37MUP, is a manufacturing use pesticide

Intermediate preparations, possessing pesticide properties, requiring further compounding to produce ready-for-use pesticides (e.g., insecticides, herbicides, fungicides). (MUP) containing, by weight, 37% Clethodim (CAS-99129-21-2), as the active herbicide ingredient.

Pursuant to Explanatory Note 38.08(2), HTSUS, the applicable subheading for Clethodim-37MUP will be 3808.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Insecticides, , herbicides, , put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Herbicides, anti-sprouting products and plant-growth regulators: Other: Other. The rate of duty will be 5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act can be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov.

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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