CLA-2-34:OT:RR:E:NC:2:236

Mr. Mark Burleson
Koch Fertilizer, LLC
4111 East 37th Street North
Wichita, KS 67220

RE: The tariff classification of ammonium thiosulfate solution (ATS) from Canada

Dear Mr. Burleson:

In your letter dated July 21, 2009, you requested a tariff classification ruling.

Your literature describes the ammonium thiosulfate solution as liquid fertilizer consisting of ammonium thiosulfate, ammonium nitrate and ammonium sulfite. You state the product will be used as a fertilizer and will be imported in bulk shipments. The applicable subheading for the ammonium thiosulfate solution will be 3102.90.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mineral or chemical fertilizers, nitrogenous: Other, including mixture not specified in the foregoing subheading. The rate of duty will be Free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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