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NY B83405




April 25, 1997

CLA-2-29:RR:NC:2:240 B83405

CATEGORY: CLASSIFICATION

TARIFF NO.:2921.43.1500; 2904.90.1500; 2921.49.5000; 2921.49.4500

Mr. Nicholas L. Giannuzzi
Donovan & Giannuzzi
405 Park Avenue
New York, N.Y. 10022

RE: The tariff classification of Trifluralin (CAS # 1582-09-8), Dinitro (CAS # 393-75-9), Pendimethalin, imported in bulk (CAS # 40487-42-1) and Propylethylxylidine (CAS # 56038-89-2) from Italy, Brazil, Canada and Mexico

Dear Mr. Giannuzzi:

In your letter dated March 17, 1997, you requested a tariff classification ruling.

The applicable subheading for Trifluralin also known as a,a,a,-Trifluoro-2,6-dinitro-N,N-dipropyl-p-toluidine will be 2921.43.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for amine-function compounds: aromatic monoamines and their derivatives; salts thereof: toluidines and their derivatives; salts thereof: a,a,a-Trifluoro-2,6-dinitro-N,N-dipropyl-p-toluidine. The rate of duty will be 11.4 percent ad valorem.

The applicable subheading for Dinitro also known as 4-Chloro-3,5-dinitro-alpha, alpha, alpha-trifluorotoluene will be 2904.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for sulfonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated: other: 4-Chloro-3,5-dinitro-a,a,a,-Trifluoro-toluene. The rate of duty will be 2.6 cents per kilogram plus 12.8 percent ad valorem.

Articles classifiable under subheading 2904.90.1500, HTS, which are products of Brazil are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Pendimethalin is an agricultural herbicide for grass and broadleaf weeds. The applicable subheading for Pendimethalin also known as N-(1-ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine, imported in bulk, will be 2921.49.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for amine-function compounds: aromatic monoamines and their derivatives; salts thereof: other: other: other: other. The rate of duty will be 1.7 cents per kilogram plus 15.1 percent ad valorem.

The applicable subheading for Propylethylxylidine also known as N-(1-ethylpropyl)-4, 5-dimethylbenzenamine will be 2921.49.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for amine-function compounds: aromatic monoamines and their derivatives; salts thereof: other: other: other: products described in additional U.S. note 3 to section VI. The rate of duty will be 11.4 percent ad valorem.

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 212-466-5768.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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