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Published advance ruling · Classification

NCS/ARS/CL/10144

Advance ruling number
NCS/ARS/CL/10144
System reference
10144
Date of issue
2024-09-09
Category
Classification
Name of applicant
Withheld — applicant details are not published
Product
BUSH KLEAR, AMINSEAL, KING DROW AND NICOSEAL
Product specification / details

The product, Agricultural Herbicide, under the following brands BUSH KLEAR (1 ltr.), AMINSEAL (1 ltr.), KING D RON (1 Kg), AND NICOSEAL (1ltr.) are said to be used for the control of undesired plants on farmlands, forests, or lawns. 

According to the information provided in the Material Safety Data Sheet (MSDS) submitted, the following are the compositions of each brand:

  1. BUSH KLEAR: Glyphosate 41% SL, used to kill almost all annual and perennial weeds, grasses, and other unwanted plants while Alkyl Polyglycolides are surfactants made from renewable natural ingredients, namely carbohydrates and fatty alcohols, and used as an additive in the formulation of several products such as herbicides. http://npic.orst.edu/factsheets/glyphogen.html 
  2.  AMINSEAL: -2,4-D dimethyl Amine Salt 720G/L SL is a widely used herbicide that controls broadleaf weeds. https://www.epa.gov/ingredients-used-pesticide-products/24-d  
  3. KING DROW: Diuron 80% WP. Diuron is widely used for vegetation control along rights of way. Other significant uses include weed control in citrus orchards and alfalfa fields. toc. spr03 (d3n8a8pro7vhmx.cloudfront.net)
  4. NICOSEAL: Nicosulfuron 40% is a highly effective herbicide specifically designed for targeted control of broad-leaved weeds and gramineous weeds in corn fields. Nicosulfuron: An Efficient Herbicide for Maize Crops - HEBEN (hb-p.com)

Accordingly, the following herbicides are put up in packages for retail sale as follows: 

  1. BUSHKLEAR Glyphosate 41% SL (1 ltr.)
  2. AMINSEAL  -2,4-D dimethyl Amine Salt 720G/L SL (1 ltr.)
  3. KING D RON, Diuron 80% WP. Diuron (1 Kg), and 
  4. NICOSEAL Nicosulfuron 40% (1 ltr.) are effectively classified in tariff heading 3808.93.90.00 as other, herbicides with a 5% duty rate and zero VAT in the ECOWAS Common External Tariff (CET) 2022 - 2027.

Legal Framework and Justification 

GIR 1 (Legal Note (2) to Section VI, Legal Note 1 (a)(2) to Chapter 38, and terms of the heading), and GIR 6 (classification at the terms of the subheading).

Tariff classification / rules of origin
3808939000
Legal framework (GIRs) applied / PFTA RoO criteria (ETLS, AfCFTA)
Not stated