NCS/ARS/CL/10148

The product, Agricultural Herbicide, under the following brands PENDISEAL (1 ltr.), PYRIGOLD (100ml), BUTASTAR (500g), and FOSINATE (1 ltr.), 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. PENDISEAL: Pendimethalin (40%) is a pre-emergence herbicide with residual activity and has broad-spectrum control of annual grasses and broadleaf weeds in various crops, horticultural crops, turf, and forestry. https://www.rallis.com/international-business/pendimethalin
2. PYRIGOLD: Bispyribac-sodium (9.5% w/w) is a systemic herbicide that moves throughout the plant tissue and works by interfering with the production of the enzyme acetolactate synthase (ALS), necessary for plant growth. https://www.peptechbio.com/products/bispyribac-sodium-10-w-v-sc/
3. BUTASTAR:  Butachlor 50% EC It is used for pre-emergence control of most annual grasses, certain broad leaf weeds in seeded and transplanted rice grown. https://www.google.com/search?q=butachlor+50+ec
4. FOSINATE:  Glufosinate-Ammonium (200g/l SL) used for control of a wide range of annual and perennial broad-leaved weeds and grasses in fruit orchards, vineyards, rubber and oil palm plantations, ornamental trees and bushes, non-crop land, and pre-emergence in vegetables. http://www.sinoagrochem.com.cn/Herbicide/Glufosinate-ammonium-200g-l-SL

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

1. PENDISEAL Pendimethalin 40% (1 ltr.)
2. PYRIGOLD (100ml) Bispyribac-sodium (9.5% w/w)
3. BUTASTAR (500g) Butachlor 50% and, 
4. FOSINATE (1 ltr.)Glufosinate-Ammonium (200g/l SL) 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).