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NY N005650




January 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.90.2050

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of Lactofen Technical (CAS-77501-63-4), imported in bulk form, from Germany

Dear Mr. Hoffacker:

In your letter dated January 11, 2007, on behalf of your client, Valent USA Corporation, you requested a tariff classification ruling.

The subject product, Lactofen Technical, is indicated for use as an herbicide.

The applicable subheading for Lactofen Technical, imported in bulk form, will be 2918.90.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Pesticides: Other: Other.” The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA may be obtained by calling the EPA at (202) 260-2090, or by visiting their website at www.epa.gov.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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