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April 5, 1999

CLA-2-29:RR:NC:2:239 D87972

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.90.3900

Mr. Brian S. Goldstein
Graham & James LLP
885 Third Ave.
21st Floor
New York, NY 10022-4834

RE: The tariff classification of HOE 122006 (CAS 163520-33-0) from Germany.

Dear Mr. Goldstein:

In your letter dated February 22, 1999, on behalf of your client AgrEvo USA Company, you requested a tariff classification ruling for HOE 122006 (Chemical Name - 4,4-Dihydro-5,5-Diphenyl-3-Isoxazolecarboxylic Acid, Ethyl Ester) which you have stated is used as a herbicidal safener. A sample was submitted with your inquiry.

The applicable subheading will be 2934.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for other heterocyclic compounds: other. The rate of duty will be 10 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 Thomas Brady at 212-637-7063.

Sincerely,

Robert B. Swierupski
Director,

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