&&The goods in issue are yellow and white cards made of polystyrene with a sticky glue adhesive on one side. These cards, which measure 3” x 5”, are used in greenhouses and are placed near plants to trap and identify insects that may be destructive to plants. This product does not contain any insecticides or pheromones. They are shipped 25 cards to a package (weighing 0.135kgs) and 26 packages per box, and are not for retail sale.

&&You have requested classification under 3919.10.99.90 as self-adhesive strips of plastics in rolls of a width not exceeding 20 cm. However, the Explanatory Notes to heading 39.19 state: “The heading is, however, limited to flat shapes which are pressure-sensitive, i.e., which at room temperature, without wetting or other addition, are permanently tacky (on one or both sides) and which firmly adhere to a variety of dissimilar surfaces upon mere contact, without the need for more than finger or hand pressure”.&&&&The product under review does not “firmly adhere to a variety of dissimilar surfaces”. Rather, it is placed, sticky surface face side up, near plants, and usually close to a pheromone lure, with the anticipation of catching insects.&&&&Heading 38.08 covers “Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packing for retail sale or as preparations or articles (for example, sulphur-treated bands, wicks and candles, and fly-papers)”.&&&&The Explanatory Notes to heading 38.08 state that this heading includes products “when they are put up in the form of articles such as fly-papers (including those coated with glue not containing poisonous matter) ”. The goods in issue are not treated with insecticides and are similar to fly-papers in composition and function.&&&&Further, the Explanatory Notes state that, “Insecticides include not only products for killing insects, but also those having a repellant or attractant effect” and specifically refer to “ - attractants : used to attract insects to traps or poisoned baits.” The attractant in this case is also the colour of the cards used. They are highly visible and attract insects, where they are then trapped on the sticky surface.&&&&Thus, the goods in issue meet the terms of heading 38.08, specifically subheading 3808.91, as insecticides. Further, the cards are classified under tariff item 3808.91.10 as they are imported in packages of a gross weight not exceeding 1.36 kg each.