CLA-2-28:OT:RR:NC:N2:236

Mr. Vladimir Borovica
Budenheim USA, Inc.
245 Newtown Road, Plainview NY 11803

RE: The tariff classification of trisodium pyrophosphate CAS# 14691-80-6 from Germany

Dear Mr. Borovica:

In your letter dated January 3, 2008 you requested a tariff classification ruling.

You state in your letter that you plan to import trisodium pyrophosphate that will be used as a stabilizer in pet food. In your letter you suggest the classification of HTS 2835.29.3000 for your product.

The sample that you submitted was analyzed by our laboratory. Trisodium pyrophosphate CAS# 14691-80-6 is a polyphosphate.

The applicable subheading for the trisodium pyrophosphate will be 2835.39.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: polyphosphates: other: other. The rate of duty will be 3.7 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 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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division