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

Mr. Jae Seok Park
1950 Albany Post Rd.
Wallkill, NY 12589

RE: The tariff classification of Potassium Diphosphate (CAS # 7778-77-0) from an unspecified country

Dear Mr. Park:

In your letter received July 6, 2011, you requested a tariff classification ruling.

You describe the item as Potassium Diphosphate (CAS # 7778-77-0), which will be imported in white plastic jars packaged for retail sale. You state the item will be used as fertilizer for hydroponic.

The applicable subheading for the Potassium Diphosphate 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 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) 733-3434.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division