HQ 081546: Classification of LESAN (technical), 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 081546

                                  October 31, 1988

          CLA-2 CO:R:C:G 081546  JGH

          CATEGORY: Classification

          TARIFF NO.: Item No. 2927.00.4000 HTSUSA

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

          RE: Classification of LESAN (technical), a fungicide

          Dear Mr. Jardak:

               Your letter of December 21, 1987, concerns the dutiable
          status of LESAN, a fungicide from West Germany, under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).

          FACTS:

               LESAN (technical), a nonmercurial fungicide, has the
          chemical name: sodium [4-(dimethylamino) phenyl] diazenesul-
          fonate.  It is described as a vegetable, turf, row crop, soil and
          seed treatment fungicide.

          ISSUE:

               Whether LESAN is classifiable under Chapter 38 or Chapter 29
          of the HTSUSA.

          LAW AND ANALYSIS:

               In the heading 3808, HTSUSA, it is stated that the provision
          covers products which are packaged for retail sale.  Since it is
          the technical grade of LESAN which is being imported, it would be
          used, subsequent to importation, in many formulations; there-
          fore, it is not a product which is covered by chapter 38.
          Rather, it would be classifiable as an organic compound in
          chapter 29.  LESAN is classifiable in subheading 2927.00.4000,
          HTSUSA, the provision for other diazo-, azo-, or azoxy-compounds.
          The rate of duty is 13.5 percent as valorem.
















                                         -2-


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

          HOLDING:

               LESAN (technical) is classifiable under the subheading
          2927.00.4000, HTSUSA.  The rate of duty is 13.5 percent ad
          valorem.  This classification represents the present position of
          the Customs Service on the dutiable status of this merchandise
          under the HTSUSA, which is scheduled to replace the Tariff
          Schedules of the United States (TSUS), on January 1, 1989.  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