CLA-2-29:RR:NC:2:240 L83424

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, Illinois 60089

RE: The tariff classification of 3-Acetoxy-2-methylbenzoyl chloride, CAS # 167678-46-8, imported in bulk form, from Japan

Dear Mr. Chivini:

In your letter dated February 22, 2005 you requested a tariff classification ruling.

The subject product, 3-Acetoxy-2-methylbenzoyl chloride, is an ester of a halide derivative of a monocarboxylic acid with phenol function indicated for use as a pharmaceutical intermediate.

The applicable subheading for 3-Acetoxy-2-methylbenzoyl chloride, also known as 3-Chloroformyl-o-tolyl acetate, will be 2918.29.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for Carboxylic acids with phenol function but without other oxygen function, their anhydrides, halides, peroxide, peroxyacids and their derivatives: Other: Other: Products described in additional U.S. note 3 to section VI….. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty. 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division