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NY D81532




September 11, 1998

CLA-2-29:RR:NC:2:238 D81532

CATEGORY: CLASSIFICATION

TARIFF NO.: 2918.90.2010

Mr. Wayne Buhrer
Tomen Agro, Inc.
100 First Street, Suite 1610
San Francisco, CA 94105

RE: The tariff classification of (2,4-Dichlorophenoxy)acetic acid (CAS# 94-75-7), imported in bulk form, from Romania

Dear Mr. Buhrer:

In your letter dated August 18, 1998, you requested a tariff classification ruling.

The subject product, (2,4-Dichlorophenoxy)acetic acid (common name: 2,4-D), is indicated for use as an herbicide.

The applicable subheading for the subject product, imported in bulk form, will be 2910.90.2010, 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: Other: 2,4-Dichlorophenoxyacetic acid, its salts and esters." The rate of duty will be 10.7 percent ad valorem

Articles classifiable under subheading 2918.90.2010, HTS, which are products of Romania, are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. However, the GSP expired June 30, 1998, and has not been extended. Congress may choose to renew GSP retroactively. In that case, the GSP provision cited herein may apply retroactively. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which is administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (703) 305-7092.

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 212-466-5770.

Sincerely,

Robert B. Swierupski

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