NY a86523: The tariff classification of Morestan Technical (CAS-2439- 01-2), imported in bulk form, and Morestan 4 Ornamental Miticide and Morestan 25 WP Miticide-Fungicide-Insecticide, from Germany

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.

                            NY A86523

                         August 22, 1996

CLA-2-29:RR:NC:FC:238 A86523  

CATEGORY:  Classification

TARIFF NO.: 2934.90.1600; 3808.10.2500

Ms. B.C. Jardak
Bayer Corporation
8400 Hawthorn Road
P.O. Box 4913
Kansas City, MO  64120-0013

RE:  The tariff classification of Morestan  Technical (CAS-2439-
     01-2), imported in bulk form, and Morestan  4 Ornamental
     Miticide and Morestan  25 WP Miticide-Fungicide-Insecticide,
     from Germany

Dear Ms. Jardak:

     In your letter dated August 13, 1996, you requested a tariff
classification ruling.

     You indicate in your letter that you intend to import
Morestan  Technical (an acaricide-insecticide-fungicide having
the common names: Chinomethionat, Oxythioquinox, et al, for use
in the manufacture of insecticides, miticides, and fungicides)
into a foreign trade zone, where you will utilize it, as the
active ingredient, in the production of the following formulated
products (preparations): Morestan  4 Ornamental Miticide, and
Morestan  25 WP Miticide-Fungicide-Insecticide.  In a telephone
conversation with a member of my staff, you indicated that
Morestan  Technical and its formulations are principally used in
the United States as miticides.  

     The applicable subheading for Morestan  Technical, imported
in bulk form, will be 2934.90.1600, Harmonized Tariff Schedule of
the United States (HTS), which provides for: "Nucleic acids and 
their salts; other heterocyclic compounds: Other: Aromatic or
modified aromatic: Other: Pesticides: Other: Insecticides."  The
rate of duty will be 11.3 percent ad valorem.  The applicable
subheading for Morestan  4 Ornamental Miticide and Morestan  25
WP Miticide-Fungicide-Insecticide will be 3808.10.2500, HTS,
which provides for: "Insecticides, ... , put up in forms or
packings for retail sale or as preparations or articles ... :
Insecticides:  Containing any aromatic or modified aromatic
insecticide: Other."  The rate of duty will be 1.1 cents per plus
8.4 percent ad valorem.  
     This merchandise may be subject to the regulations of the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which
is administered by the Environmental Protection Agency, Office of
Pesticide Programs.  You may contact them at 401 M Street, S.W.,
Washington, DC  20460, telephone number (703) 305-7092.

     This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances.  You may contact them at 402 M Street, S.W.,
Washington, D.C. 20460, telephone number (202) 554-1404, or EPA
Region II at (908) 321-6669.

     This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).

     A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported.  If you have any questions
regarding the ruling, contact National Import Specialist
Cornelius Reilly at 212-466-5770.


                                        Sincerely,




                                        Roger J. Silvestri
                                        Director,
                                        National Commodity
                                        Specialist Division