CLA-2-31:OT:RR:NC:2:236

Mr. Michael A. Roybal
RoybalGlobal P.C.
8701 W. Lovers Lane
Dallas, TX 75209

RE: The tariff classification of Ammonium Polyphosphate Solution (“APP”) from Russia

Dear Mr. Roybal:

In your ruling request received December 23, 2015, you requested a tariff classification ruling on Ammonium Polyphosphate Solution (“APP”).

You have described the product at issue as a chemical fertilizer, also known as “APP.” You indicate that Ammonium Polyphosphate Solution (“APP”) contains 11% nitrogen, 37% phosphorus, and other substances. This product is intended to be used as a fertilizer and will be imported in packages of a gross weight which may or may not exceed 10 kilograms.

The applicable subheading for Ammonium Polyphosphate Solution (“APP”) imported in packages of a gross weight not exceeding 10 kilograms will be 3105.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg. The general rate of duty will be free.

The applicable subheading for Ammonium Polyphosphate Solution (“APP”) imported in packages of a gross weight exceeding 10 kilograms will be 3105.59.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg: Other mineral or chemical fertilizers containing the two fertilizing elements nitrogen and phosphorus: Other. The general 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

If you have any questions regarding the ruling, contact National Import Specialist Nuccio Fera at [email protected].

Sincerely,

Sincerely,


(for)
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division