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

Mr. Mark D. Pinchok
Bayer International Trade Services Corp.
651 Colliers Way, Suite 414
Weirton, WV 26062

RE: The tariff classification of hydrazine hydrate (CAS no. 7803-57-8) from Germany. Correction to Ruling Number N233681

Dear Mr. Pinchok:

This replaces Ruling Number N233681, dated October 25, 2012, which contained a clerical error. A complete corrected ruling follows.

In your ruling request dated September 25, 2012, on behalf of your client, Bayer CropScience LP (BCS), you requested a tariff classification ruling.

In your letter, you state that hydrazine hydrate (CAS no. 7803-57-8) is an inorganic compound, which you describe as a colorless, flammable liquid with an ammonia-like odor. Hydrazine hydrate is primarily used as a precursor in the production and manufacturing of pharmaceuticals, agricultural chemicals, and pesticide chemicals. Hydrazine hydrate can also be used as a polymerization catalyst, food additive, and in the manufacturing of surfactants, detergents, and plasticizers.

The applicable subheading for hydrazine hydrate (CAS no. 7803-57-8) will be 2825.10.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal oxides, hydroxides and peroxides: Hydrazine and hydroxylamine and their inorganic salts. The general rate of duty will be 3.7 percent ad valorem.

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 Nuccio Fera at (646) 733-3034.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division