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

Mr. Aoife Moloney
Camida Ltd.
Tower House, New Quay
Clonmel, Ireland

RE: The tariff classification of Di-Tert Butyl Potassium Phosphate (CAS # 33494-80-3) from an unspecified country

Dear Mr. Moloney:

In your letter received December 5, 2012, you requested a tariff classification ruling.

You describe the item as Di-Tert Butyl Potassium Phosphate (CAS # 33494-80-3). The attached Material Safety Data Sheet, provided by Rhodia UK Limited, indicates that the product at issue will be used under strictly controlled conditions, as an intermediate for the pharmaceuticals industry. The applicable subheading for the Di-Tert Butyl Potassium Phosphate (CAS # 33494-80-3) will be 2835.24.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Phosphates: Of potassium. The general rate of duty will be 3.1 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