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

Ms. Jennifer Diaz
Becker & Poliakoff
121 Alhambra Plaza, 10th Floor
Coral Gables, FL 33134

RE: The tariff classification of 4-indol-3-ylbutyric acid Technical (CAS-133-32-4) from China

Dear Ms. Diaz:

In your letter dated April 26, 2012, on behalf of your client, Marketing Arm International, Inc., you requested a tariff classification ruling. You provided a sample that will be returned to you as per your request.

The subject product, 4-indol-3-ylbutyric acid (IBA), is a 98% technical grade biochemical pesticide. It is used as a plant growth regulator to promote cell division and stem elongation.

The applicable subheading for the 4-indol-3-ylbutyric acid Technical form will be 2933.99.2200 Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Aromatic or modified aromatic: Other: Pesticides: Other: Other.” The rate of duty will be 6.5percent 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 is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can 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 Judy Lee at (646) 733-3033.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division