HQ 081554: Classification of BAYTAN 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 081554

                                  October 17, 1988



          CLA-2 CO:R:C:G 081554  JGH

          CATEGORY: Classification

          TARIFF NO.: 2933.90 2000

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

          RE: Classification of BAYTAN a fungicide

          Dear Mr. Jardak:

               Your letter of December 21, 1987, concerns the dutiable
          status of BAYTAN (technical), a fungicide from West Germany.

          FACTS:

               BAYTAN (technical), a fungicide, has the chemical name B-(4-
          chlorophenoxy)-a-(1,1-dimethylethy1)-1H-1,2,4-triazole-1-ethanol.
          The product is described as a seed treatment to control a number
          of plant diseases affecting major food crops.

          ISSUE:

               Whether BAYTAN (technical) is a classifiable in chapter 38
          or chapter 29 of the HTSUSA.

          LAW AND ANALYSIS:

               Heading 3808 applies to finished insecticides and fungicides
          which are packaged for retail sale.  Since BAYTAN is imported in
          its technical grade to be formulated into finished products
          subsequent to importation.  Consequently, it is not classifiable
          in chapter 38 but as an organic chemical in chapter 29.

               BAYTAN (technical) is classifiable under the provision for
          heterocyclic compounds with nitrogen with nitrogen hetero-atom(s)
          only; nucleic acids and their salts; other; aromatic or modified
          aromatic; other, pesticides, other, in item 2933.90.2000, HTSUSA.















                                         -2-


               Since this product may be subject to the regulations of the
          Environmental Protection Agency, you may wish to contact them for
          further information at 401 M Street, S.W., Washington, D.C.,
          20460.

          HOLDING:

               BAYTAN (technical) is classifiable under the subheading
          2933.90.2000, HTSUSA.  The rate of duty is 13.5 percent ad
          valorem.  Since the HTSUSA is not scheduled to replace the Tariff
          Schedules of the United States until January 1, 1989, this
          classification represents the present position of the Customs
          Service on the dutiable status of this commodity under the
          HTSUSA.  If there are any changes in the HTSUSA prior to the
          effective date, this advice may not continue to be applicable.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division






































          cc:New York
          cc:Technical Services
          JGHurley:tj:typed 09/09/88