HQ 081541: Classification of Morestan insecticide

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 081541

                                  September 12, 1988




            CLA-2:CO:R:C:G  081541  SR

            CATEGORY:  Classification

            TARIFF NO.:  2934.90.18

            Mr. B.C. Jardak
            Mobay Corporation
            P.O. Box 4913
            Kansas City, Mo.  64120-0013

            RE:  Classification of Morestan insecticide

            Dear Mr. Jardak:

                 This is in reference to your letter of December 21, 1987,
            requesting the tariff classification of Morestan, a pesticide
            from West Germany under the Harmonized Tariff Schedule of the
            United States Annotated (HTSUSA).

            FACTS:

                 Morestan is an insecticide and fungicide with the common
            name of oxythioquinox.  It is a benzenoid compound which is an
            active ingredient for an acaricide, insecticide, and fungicide.
            Descriptive literature provided by the company states that
            Morestan is a soil insecticide.

            ISSUE:

                 Whether Morestan is classifiable as a heterocyclic
            compound in Chapter 29 or as an insecticide in Chapter 38 of
            the HTSUSA.

            LAW AND ANALYSIS:

                 For tariff purposes, Morestan is a benzenoid pesticide
            included in the provision for other heterocyclic compounds.  It
            is classifiable in Chapter 29, since it is not in packings for
            retail sale as required for pesticides classifiable in Chapter
            38.
















                                         - 2 -

            HOLDING:

                 Morestan is classifiable under subheading 2934.90.18,
            HTSUSA, as heterocyclic compounds, other aromatic or modified
            aromatic, other, pesticides, other, and dutiable at the rate of
            10.7 percent ad valorem.

                 This classification represents the present position of the
            Customs Service regarding the dutiable status of the
            merchandise under the proposed HTSUSA.  If there are changes
            before enactment this advice may not continue to be applicable.

                 This product may be subject to the regulations of the
            Environmental Protection Agency (EPA).  The EPA may be
            contacted at 401 M Street, S.W., Washington, D.C. 20460,
            telephone number (202) 382-2090.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division