HQ 081539: Classification of BAYLETON, a fungicide

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 081539

                                   November 4, 1988





            CLA-2 CO:R:C:G 081539 JGH

            CATEGORY:  Classification

            TARIFF NO.:  2933.90.2000

            Mr. B. C. Jardak
            Mobay Corporation
            Agricultural Chemicals Division
            P.O. Box 4913
            Kansas City, Missouri 64120

            RE:  Classification of BAYLETON, a fungicide

            Dear Mr. Jardak:

                 Your letter of December 21, 1987, concerns the tariff
            status of BAYLETON (technical), an insecticide from West
            Germany, under the Harmonized Tariff Schedule of the United
            States Annotated (HTSUSA)

            FACTS:

                 BAYLETON (technical) a fungicide, has the chemical name
            1-(4-chlorophenoxy)-3,3-dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-
            butanone.  The product is described as a fungicide with
            particular application against powdery mildews and rusts.

            ISSUE:

                 Whether BAYLETON (technical) is classifiable in chapter
            38 or chapter 29, HTSUSA.

            LAW AND ANALYSIS:

                 In the heading 3808 HTSUSA, it is stated that the
            provision covers fungicides put up in forms or packings for
            retail sale.  The product in question is the technical grade,
            which, subsequent to importation, is formulated into consumer
            products which are packaged for retail sale.  As a result it
            would not be classifiable in chapter 38 but as an organic
            chemical in chapter 29.














                                         - 2 -

                 BAYLETON (technical) is classifiable under the provision
            for heterocyclic compounds with nitrogen hetero-atom(s) only:
            nucleic acids and their salts:  Other, aromatic or modified
            aromatic, other, pesticides, other, in subheading 2933.90.2000
            HTSUSA.  This product may be subject to the regulations of the
            Environmental Protection Agency.  For further information you
            may contact them at 401 M Street, S.W., Washington, D.C. 20460

            HOlDING:

                 BAYLETON (technical) is classifiable under subheading
            2933.90.2000 HTSUSA.  The rate of duty is 13.5% ad valorem.
            This classification represents the present position of the
            Customs Service on the dutiable status of this commodity under
            the HTSUSA, effective January 1, 1989.  If there are any
            changes before the effective date of the HTSUSA, this advice
            may not continue to be applicable.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division





































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