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NY 818139




March 19, 1995

CLA-2-29:RR:NC:FC:238 818139

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.90.1200

Peter J. Fitch, Esq.
Fitch, King and Caffentzis
35 Beach Road
Monmouth Beach, NJ 07750

RE: The tariff classification of Dimethomorph technical fungicide (CAS-110488-70-5), imported in bulk form, from Germany

Dear Mr. Fitch:

In your letter dated January 3, 1996, on behalf of your client, American Cyanamid Company, a subsidiary of American Home Products Corporation,you requested a tariff classification ruling.

The subject product, Dimethomorph, is a technical fungicide, which, you indicate, will be imported by your client, in bulk form, for use in the manufacture of a formulated fungicide known as Acrobat .

The applicable subheading for the subject product will be 2934.90.1200, 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: Fungicides." The rate of duty will be 10.2 percent ad valorem.

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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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