HQ 959286: Amendment of NYRL A82922; Azinphos-methyl (CAS 86-50-0)

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.

                           June 6, 1996


                            HQ 959286 


CLA-2   RR:TC:FC 959286   ASM

CATEGORY:  Classification

TARIFF NO.: 2933.90.0200

Mr. L. Klestadt
Trans-World Shipping Corporation
53 Park Place
New York, NY   10007

RE: Amendment of NYRL A82922; Azinphos-methyl (CAS 86-50-0)

Dear Mr. Klestadt:

     This letter amends New York Ruling Letter (NYRL) A82922,
dated April 30, 1996, wherein Customs ruled on three insecticides
in bulk form: Azinphos-ethyl, Azinphos-methyl, and Carbaryl.

FACTS:

     This ruling is intended to amend NYRL A82922, and only
pertains to the product identified as Azinphos-methyl (CAS 86-50-0), which was classified within subheading 2933.90.1700,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
 
ISSUE:

     What is the correct tariff classification for Azinphos-methyl (CAS 86-50-0)?
                                 
LAW AND ANALYSIS:

     Classification under the HTSUSA is made in accordance with
the General Rules of Interpretation (GRI's).  The systematic
detail of the harmonized system is such that virtually all goods
are classified by application of GRI 1, that is, according to the
terms of the headings of the tariff schedule and any relative
section or chapter notes.  In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and
legal notes do not otherwise require, the remaining GRI's may
then be applied.  The Explanatory Notes (ENs) to
                              - 2 -


the Harmonized Commodity Description and Coding System, which
represent the official interpretation of the tariff at the
international level, facilitate classification under the HTSUSA
by offering guidance in understanding the scope of the headings
and GRI's.

     It has come to our attention that the product identified as
Azinphos-methyl, was incorrectly classified in NYRL A82922.  In
fact, Azinphos-methyl, which has the chemical name of 0,0-Dimethyl S-[4-xo-1,2,3-benzotriazin-3(4H) -yl)methyl)
phosphorodithioate, is provided for, by name, within subheading
2933.90.0200, HTSUSA.    

HOLDING:

     The product identified as, Azinphos-methyl, is properly
classifiable within subheading 2933.90.0200, HTSUSA, which
provides for "Heterocyclic compounds with nitrogen hetero-atom(s)
only: Other: Aromatic or modified aromatic: 0,0-Dimethyl S- [4-xo-1,2,3-benzotriazin-3(4H) -yl)methyl) phosphorodithioate." 
This provision is duty free under the general one column rate.

     This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances.  You may contact them at 402 M Street, S.W.,
Washington, D.C., 20460, (202) 554-1404, or EPA Region II at
(908) 321-6669.
 
                              Sincerely,




                              John Durant, Director
                              Tariff Classification
                              Appeals Division