HQ 085796: Farnam Die Fly Fly Bait feeding adjuvant; sucrose;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 085796

                        February 7, 1990

CLA-1 CO:R:C:G 085796 KWM

CATEGORY: Classification

TARIFF: 1701.99.0000


Mr. Rick Blomquist
Director of Staff Operations
Farnam Companies, Inc.
301 West Osborn
Phoenix, Arizona  85013-3928

RE: Farnam Die Fly Fly Bait feeding adjuvant; sucrose;
insecticide

Dear Mr. Blomquist,

     This letter is in response to your inquiry dated September
12, 1989, requesting tariff classification of a "feeding adjuvant
constituent combination" for Farnam Die Fly Fly Bait.  Your
letter has been forwarded to us by our New York office for a
classification ruling.

FACTS:

     The product merchandise consists of a combination of indole,
denatured alcohol, and granulated sucrose.  The sucrose comprises
the overwhelming majority of the product, in terms of both weight
and mass (approximately 99.99 percent by weight).  No cost or
value breakdown was given.  According to the request letter, the
indole component acts as an attractant, and the sucrose is the
carrier as well as a feeding adjuvant.  The alcohol is used
merely to serve as a transfer agent for combining the indole and
sucrose.

     After importation, this product will be combined with a
pesticide for extermination purposes.  It is our understanding
that no pesticide, insecticide, etc., has been added prior to the
importation of the feeding adjuvant.  The feeding adjuvant will
be imported from either Mexico, Ireland or Peru.

ISSUE:

     How is this item classified under the Harmonized Tariff
Schedule of the United States Annotated?


LAW AND ANALYSIS:

     Classification under the Harmonized Tariff Schedule of the
United States Annotated (hereinafter "HTSUSA") is made in
accordance with the General Rules of Interpretation (hereinafter
"GRI's") 1 through 5.  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 relevant Section or
Chapter Notes.  Then, if GRI 1 fails to classify the goods, and
if the headings and legal notes do not otherwise require, the
remaining GRI's may be applied, taken in order.

     From the outset, it is clear that the product in question
here is not a pesticide, insecticide, or similar good.  Those
items are ordinarily classified in heading 3808, HTSUSA.
However, the Explanatory Notes to heading 3808 state that:

     (2)                      . . .

          Intermediate preparations, requiring further
          compounding to produce the ready-for-use insecticides ,
          fungicides, disinfectants, etc., are also classified
          here, provided they already possess insecticidal,
          fungicidal, etc. properties. (Emphasis in the
          original)

     Therefore, this product, which possesses no insecticidal or
pesticidal properties whatsoever, is, in our opinion, precluded
from classification as an insecticide or pesticide.

     The product in the instant case is a combination of the
three components indole, denatured alcohol and sucrose.  Having
failed classification by the terms of the headings (i.e., by GRI
1), the remaining GRI's become applicable.  GRI 2 indicates, with
regard to combination goods:

     Any reference to goods of a given material or substance
     shall be taken to include a reference to goods consisting
     wholly or partly of such material or substance.  The
     classification of goods consisting of more than one material
     or substance shall be according to the principles of Rule 3.

GRI 3(b) provides, in reference to combination goods:

     (b)  Mixtures, composite goods consisting of different
          materials or made up of different components, and goods
          put up in sets for retail sale, which cannot be
          classified by reference to 3(a) [relative specificity],
          shall be classified as if they consisted of the
          material or component which gives them their essential
          character, insofar as this criterion is applicable.

There are no "hard and fast" rules for classifying goods by their
essential character.  Customs routinely takes into account such
factors as weight, value, the role components play in the
function of the goods, and the uniqueness of components, among
other factors.

     It is our opinion, in this case, that the sucrose component
provides the fly feeding adjuvant with its essential character.
Not only does the sucrose comprise the overwhelming majority of
the weight and mass of the product, but we believe that it is
also the most costly component.  In addition, your letter
indicates that the sucrose plays a dual role as both the carrier
and feeding adjuvant for the fly bait.

     Since the sugar comprises the essential character of the
product, the fly feeding adjuvant, although a composite good, is
considered to be a good made wholly of sucrose by the operation
of GRI's 2 and 3.  As such it is classified in subheading
1701.99.0000, HTSUSA, as cane or beet sugar and chemically pure
sucrose, in solid form; other; other.

HOLDING:

     The fly feeding adjuvant used as a component material in the
manufacture of Farnam Die Fly Fly Bait, composed of indole,
denatured alcohol and sucrose, is classified in subheading
1701.99.0000, HTSUSA.  The goods are subject to the quota and
fees set forth in Additional U.S. Note 3 to Chapter 17, HTSUSA.





                                Sincerely,


                                John A. Durant
                                Director
                                Commercial Rulings Division