CLA-2-29:OT:RR:E:NC:N2:238

Ms. Susan Parker
Arysta Lifescience N.A.
15401 Weston Parkway, Suite 150
Cary, NC 27513

RE: The tariff classification of Thidiazuron Technical (CAS-51707-55-2) in bulk form, from China

Dear Ms. Parker:

In your letter dated January 8, 2009, you requested a tariff classification ruling.

The subject product, Thidiazuron Technical contains 98% of Thidiazuron (CAS-51707-55-2), as the active ingredient. It is used as a plant growth regulator.

The applicable subheading for the Thidiazuron Technical in bulk form, will be 2934.99.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Pesticides: Herbicides.” The rate of duty will be 6.5 percent ad valorem. However, Thidiazuron Technical is eligible for temporary free rate of duty under subheading 9902.10.81, HTSUS, which provides for N-Phenyl-N -(1,2,3-thiadiazol-5-yl)urea (Thidiazuron) (CAS No. 51707–55–2), whether or not mixed with application adjuvants (provided for in subheading 2934.99.15 or 3808.93.15).” The rate of duty will be free with an effective period of on or before 12/31/2009.

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, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA 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
Director
National Commodity Specialist Division