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NY 883142





March 31, 1993
CLA-2-29:S:N:N7:238 883142

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.90.1000

Ms. Shirley McCann
PBI/Gordon Corporation
1217 W. 12th Street
P.O. Box 4090
Kansas City, MO 64101-1407

RE: The tariff classification of d(+) 2-(4-chloro-2- methylphenoxy)-propanoic acid (CAS Registry No. 93-65-2), in bulk form, from England

Dear Ms. McCann:

In your letter dated February 15, 1993, you requested a tariff classification ruling.

The subject merchandise, d(+) 2-(4-chloro-2-methylphenoxy) propanoic acid is an herbicide. You indicate that the manufacturer has developed a method for separation of the d(+) and l(-) isomers, and will be able to supply the d(+) MCPP, at approximately 97%, for your use in the formulation of experimental herbicides.

The applicable subheading for this product will be 2918.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: other: aromatic: other: pesticides: 2- (4-chloro-2-methylphenoxy) propionic acid and its salts. The rate of duty will be 6.8 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street SW, Washington, DC 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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