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

Ms. Kathleen Root
Barthco (OHL) Trade Services
5101 S. Broad Street
Philadelphia, PA 19112

RE: The tariff classification of Pyroxasulfone Technical (CAS-447399-55-5) in bulk form, from India

Dear Ms. Root:

In your letter dated August 17, 2010, you requested a tariff classification ruling on behalf of your client, Valent USA Corporation.

The subject product, Pyroxasulfone Technical, is an active ingredient isoxazole herbicide used to formulate end-use herbicide products for application on terrestrial food crops, field corn, sweet corn, popcorn, soybean, and winter wheat.

The applicable subheading for the Pyroxasulfone Technical will be 2934.99.9000, 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: Other: 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/.

Articles classifiable under subheading 2934.99.9000, HTSUS, which are products of India, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.

This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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