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NY L84805

June 8, 2005

CLA-2-38:RR:NC:2:239 L84805


TARIFF NO.: 3824.90.9190

Mr. Michael Ando
1323 Homer St., Suite 1503
Vancouver, BC
Canada V6B 5T1

RE: The tariff classification of Biodiesel Fuel from Canada.

Dear Mr. Ando:

In your letter dated May 4, 2005, you requested a tariff classification ruling for pure B100 biodiesel fuel which you have stated is a mono aldyl ester made from canola oil and/or soy oil and/or restaurant waste grease, which is reacted with methanol using a catalyst potassium hydroxide.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.


Robert B. Swierupski

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