HQ 081540: Classification of Technical Grade Dylox

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 081540

                                  December 1, 1988



          CLA-2 CO:R:C:G 081540  JGH

          CATEGORY: Classification

          TARIFF NO.: 2931.00 5050

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

          RE: Classification of Technical Grade Dylox

          Dear Mr. Jardak:

               Your letter of December 21, 1987, concerns the tariff
          status, under the Harmonized Tariff Schedules of the United
          States Annotated, (HTSUSA) of an insecticide made in West Germany
          called Dylox.

          FACTS:

               Dylox is said to have the chemical name dimethyl (2,2,2-
          trichloro-1-hydroxyethyl)-phosphonate, and the common name is
          Trichlorfon.

               According to the technical information sheet supplied, the
          grade of Dylox you are interested in is the technical grade.

          ISSUE:

               Whether the technical grade Dylox is classifiable in
          subheading 3808 or chapter 29, HTSUSA.

          LAW AND ANALYSIS:

               In heading 3808 HTSUSA, it is stated that the provision
          covers insecticides put up for retail sale.  Therefore, 3808
          would not apply to the technical grade since this grade has to be
          formulated subsequent to importation.  Rather, under the HTSUSA,
          technical grade Dylox would be classified under the subheading
          for other organo-inorganic compounds in 2931.00.5050.















                                         -2-


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

          HOLDING:

               Dylox, Technical, is classified in the HTSUSA provision
          2931.00.5050.  The rate of duty is 3.7 percent ad valorem.  This
          classification represents the present position of the Customs
          Service regarding the dutiable status of this commodity under the
          HTSUSA, effective 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
                                        Acting Director
                                        Commercial Rulings Division






































          cc:New York
          cc:Technical Services
          JGHurley:tj:typed 06/20/88
                  rewritten 07/27/88