CLA-2-29:OT:RR:NC:N2:238

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Blvd.
Buffalo Grove, IL 60089

RE: The tariff classification of N,N-DIETHYL-3-METHYLBENZAMIDE (CAS-134-62-3) in bulk form, from China

Dear Mr. Chivini:

In your letter dated June 10, 2008, you requested a tariff classification ruling.

The subject product, N,N-Diethyl-3-methylbenzamide, is a pesticide and is commonly known as “deet”.

The applicable subheading for the N,N-Diethyl-3-methylbenzamide in bulk form will be 2924.29.4700, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Pesticides: Other.” The rate of duty will be 6.5% ad valorem. Diethyltoluamide (CAS-134-62-3) is listed in the pharmaceutical appendix but 2924.29.4700, HTSUS, is not eligible for this program because it does not have a “K” indicator in the special rate of duty column.

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 merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency (EPA), Office of Pesticide Programs. Information on the FIFRA can be obtained by calling the EPA at (202) 260-2090, 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).

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division