HQ 081544: Tariff Classification of an 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 081544

                                     July 5, 1988


            CLA-2 CO:R:C:G  081544  JGH

            CATEGORY:  Classification

            TARIFF NO.:  2930.90.1000

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

            Re:  Tariff Classification of an insecticide

            Dear Mr. Jardak:

                 Your letter of December 21, 1987, concerns the tariff
            status under the Harmonized Tariff Schedule of the United
            States Annotated (HTSUSA) for the insecticide, Mesurol,
            technical, made in West Germany.

            FACTS:

                 Mesurol, technical, common name methiocarb, has the
            chemical name 3,5 Dimethyl-4-(methylthio)
            phenolmethylcarbamate.  It is described as a carbamate
            insecticide, with wide spectrum of effectiveness in deciduous
            fruit, small fruits, citrus and ornamental plant applications.

            ISSUE:

                 Whether Mesurol is classifiable as an insecticide in
            chapter 38 or a chemical compound in chapter 29 of the HTSUSA.

            LAW AND ANALYSIS:

                 In the explanatory notes for HTSUSA in regard to the
            insecticides classifiable in 3808, it states that these are
            finished products packaged for retail sale, involving
            chemicals otherwise classifiable in chapter 29.  The grade of
            Mesurol in issue is the technical grade which is not imported
            in a package intended for retail sale.

                 Under the proposed HTSUSA, scheduled to replace the
            Tariff Schedules of the United States, Mesurol, technical,
            would be classifiable under the provision for other organo-
            sulfur compounds, aromatic, pesticides in 2930.90.1000, and
            dutiable at the rate of 12.5 percent ad valorem.  This











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            classification represents the current position of the Customs
            Service regarding the classification of this commodity under
            the proposed HTSUSA.  If there are any changes before
            enactment, this advice may not continue to be applicable.

                 Since this product may be subject to the regulations of
            the Environmental Protection agency, you may wish to contact
            them at 401 M Street, S.W., Washington, D.C. 20460.  The
            telephone number is (202) 382-2090.

            HOLDING:

                 Mesurol, technical, is classifiable in the HTSUSA in
            2930.90.1000.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division








































            CO:R:C:G:JGHURLEY:lw 6/16/88