CLA-2-29:OT:RR:E:NC:2:238
Ms. Susan Parker
Arysta Lifescience N.A.
15401 Weston Parkway, Suite 150
Cary, NC 27513
RE: The tariff classification of Trans-1,3-Dichloropropene (DCP) Technical Grade (CAS-10061-02-6) from Germany and China
Dear Ms. Parker:
In your letter dated December 8, 2008, you requested a tariff classification ruling.
The subject product, Trans-1,3-Dichloropropene, is mainly used in farming as a pesticide, specifically as a preplant fumigant and nematicide.
The applicable subheading for the Trans-1,3-Dichloropropene will be 2903.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Halogenated derivatives of hydrocarbons: unsaturated chlorinated derivatives of acyclic hydrocarbons: other.” The rate of duty will be 5.5 percent ad valorem. However, Trans-1,3-Dichloropropene is eligible for a temporary free rate of duty under subheading 9902.02.93, HTSUS, which provides for “Mixed cis and trans isomers of 1,3-dichloropropene (CAS No. 10061-02-6) (provided for in subheading 2903.29.00).” The free rate of duty is applicable for this product if entered on or before December 31, 2009.
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 product may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA 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