CLA-2-28:OT:RR:NC:N2:236

Ms. Linda Fitzgerald
DJ Power Company, Inc.
P.O. Box 9239
Savannah, GA 31412-9239

RE: The tariff classification of calcium nitrite powder (CAS 13780-06-8) from China

Dear Ms. Fitzgerald:

In your letter dated October 28, 2008, on behalf of your client, Wang Trading Enterprises, Inc., you requested a tariff classification ruling.

You state in your letter that you plan to import calcium nitrite powder. The sample that you submitted was analyzed by our laboratory.

The applicable subheading for the calcium nitrite powder will be 2834.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nitrites; nitriates: Nitrites: Other. The rate of duty will be 3.1 percent ad valorem.

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 Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division