CLA-2-29:OT:RR:E:NC:2:240

Mr. Ron Pacheco
ALS Technologies, Inc.
1103 Central Blvd.
Bull Shoals, AR 72619

RE: The tariff classification of o-Chlorobenzylidene malononitrile, CAS No. 2698-41-1, imported in bulk form, from China

Dear Mr. Pacheco:

In your letter dated December 11, 2008 you requested a tariff classification ruling.

The subject product, o-Chlorobenzylidene malononitrile, also known as Propanedinitrile, [(2-chlorophenyl)methylene]-, is a halogenated derivative of an aromatic nitrile-function compound. The product is indicated for use as a riot control agent (tear gas).

The applicable subheading for o-Chlorobenzylidene malononitrile will be 2926.90.4800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nitrile-function compounds: Other: Aromatic: Other: Other: Other. The rate of duty will be 6.5 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/.

The subject product, o-Chlorobenzylidene malononitrile, also known as CS, may be subject to the federal regulations administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Questions regarding ATF regulations may be addressed to the Bureau of Alcohol, Tobacco, Firearms and Explosives Imports Branch, 99 New York Avenue, NE Washington, D.C. 20226, telephone number (304) 616-4550.

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