9902.09.37 - Mixtures of 1-[(2-chloro-1,3-thiazol-5-yl)methyl]-2-methyl-3-nitroguanidine (Clothianidin) (CAS No. 210880-92-5) (provided for in subheading 3808.91.50)

This HTS category, 9902.09.37, specifically classifies mixtures containing Clothianidin, a known insecticide. This classification falls under Section XXII of the Harmonized Tariff Schedule, which deals with special classification provisions, temporary legislation, and temporary modifications. Specifically, it is grouped within Chapter 99, reserved for temporary measures and trade agreement legislation. The "provided for in subheading 3808.91.50" note indicates that while this is a temporary or special classification, the underlying nature of the goods relates to preparations for the retail sale of insecticides, fungicides, herbicides, anti-fermentatives and similar products.

The existence of a temporary classification like 9902.09.37 highlights the dynamic nature of trade regulations. Unlike the broad, permanent categories of the initial chapters which classify goods based on their inherent material composition and primary use (such as Chapter 1 for live animals), this 99-series code signifies a specific, potentially time-limited, treatment for these particular mixtures. This temporary nature often arises due to trade agreements, national security concerns, or to manage specific import volumes or price stabilization efforts.

As a leaf node, HTS 9902.09.37 has no further subdivisions. Therefore, its classification is absolute for any mixture containing Clothianidin that meets the specified criteria. When encountering these goods, it is crucial to identify the presence of Clothianidin and confirm that the product is indeed a mixture intended for use as an insecticide. The classification hinges on the specific inclusion of this chemical compound and its presence within a mixture, rather than the primary classification of the compound itself which would typically be found in Chapter 38.