CLA-2-38:RR:NC:2:239 L83790

Mr. Mike Blythe
Syngenta Crop Protection, Inc.
P.O. Box 18300
Greensboro, NC 27419-8300

RE: The tariff classification of a 50% solution of Malononitrile (CAS 109-77-3) in NMP (Methyl-2-Pyrrolidone) Solvent (CAS 872-50-4) from Switzerland.

Dear Mr. Blythe:

In your letter dated April 5, 2005, you requested a tariff classification ruling for a solution of 50% Malononitrile in N-Methyl-2-Pyrrolidone. You state in your inquiry that the product will be used in the synthesis of an agricultural intermediate which will subsequently be exported for further processing into a herbicide active ingredient.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division