HQ 081542: Classification of Oftanol 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 081542

                                     July 22, 1988


            CLA-2 CO:R:C:G  081542  SR

            CATEGORY:  Classification

            TARIFF NO.:  2929.90.10

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

            RE:  Classification of Oftanol insecticide

            Dear Mr. Jardak:

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

            FACTS:

                 Oftanol, technical grade, is an insecticide with the
            common name of Isofenphos.  It is a benzenoid compound which is
            an active ingredient for insecticide.  Descriptive literature
            provided by the company states that Oftanol is a soil
            insecticide.

            ISSUE:

                 Whether Oftanol, technical grade, is classifiable as a
            compound with other nitrogen function in Chapter 29 or as an
            insecticide in Chapter 38 of the HTSUSA.

            LAW AND ANALYSIS:

                 For tariff purposes, Oftanol is a benzenoid insecticide.
            Insecticides are classified in Chapter 29 or 38.  The Chapter
            Notes to schedule 38 state: "1.  This Chapter does not cover:
            (a) Separate chemically defined elements or compounds with the
            exception of the following:...(2) Insecticides...put up and
            described in heading No. 38.08."  Heading No. 38.08 provides
            for insecticides put up in forms or packings for retail sale.
            Because Oftanol is a technical grade it is not suitable to be
            put up for retail sale and therefore must be classified in
            Chapter 29.  













                                         - 2 -

            HOLDING:

                 Oftanol, technical grade, is classifiable under subheading
            2929.90.10, HTSUSA, as a compound with other nitrogen function,
            other, aromatic, products described in additional U.S. Note 3
            to Section VI and dutiable at the rate of 13.5 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
            Enviromental 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