CLA-2-29:RR:NC:2:238 B89351

Ms. Donna Scholler
Ka-Sha Customhouse Brokers
7550 23rd Ave. S., Suite 192
Minneapolis, MN 55450

RE: The tariff classification of Diuron Technical (CAS-330-54-1), exported from South Africa

Dear Ms. Scholler:

In your letter dated September 5, 1997, on behalf of your client, Sanachem Ltd., you requested a tariff classification ruling.

The subject product, Diuron Technical, is an herbicide having the CAS chemical name: N'-(3,4-dichlorophenyl)-N,N-dimethylurea.

The applicable subheading for Diuron Technical, imported in bulk form, will be 2924.21.1600, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Cylic amides (including cyclic carbamates) and their derivatives; salts thereof: Ureines and their derivatives; salts thereof: Aromatic: Pesticides: Other." The rate of duty will be 11.4 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

In addition to your request for a tariff classification ruling, you indicate in your letter that you are requesting a ruling on " ... the formulation process that Sanachem uses to formulate the Diuron (in South Africa)." We note that you also requested a ruling on the same issue, albeit with respect to Atrazine Technical (see NY B89352, issued to you, on behalf of Sanachem, on October 2, 1997), and were advised (in NY B89352) to seek a ruling on this matter from U.S. Customs Service Headquarters. Accordingly, we would also advise you to request a ruling - with respect to Diuron Technical - on this matter from the U.S. Customs Service, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, NW, Washington, DC 20229. As previously noted in NY B89352, your request must include all the information required by Sections 10.176 through 10.178 of the Customs Regulations, in order for the Customs Service to issue a ruling. In addition, a copy of this ruling should accompany your request. 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 Cornelius Reilly at 212-466-5770.


Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division