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NY I88358




December 2, 2002

CLA-2-29:RR:NC:2:238 I88358

CATEGORY: CLASSIFICATION

TARIFF NO.: 2934.99.1800

Ms. Roxanne J. Daecher
Rohm and Haas Company
100 Independence Mall West
Philadelphia, PA 19106-2399

RE: The tariff classification of 10, 10’-Oxybisphenoxarsine (OBPA) (CAS-58-36-6), imported in bulk form, from Brazil and China

Dear Ms. Daecher:

In your letter dated November 11, 2002, you requested a tariff classification ruling.

The subject product, 10, 10’-Oxybisphenoxarsine (OBPA), is a bacteriostat, disinfectant (bacteriocide/germicide) and fungicide. It is registered with the EPA to prevent the growth of microorganisms in plastics which are fabricated into shower curtains, floor coverings, gaskets, caulking, swimming pool liners, etc. You indicate in your letter that OBPA will be used as the active ingredient in various formulated microbicides which your firm markets under the trade name, Vinyzene™.

The applicable subheading for 10, 10’-Oxybisphenoxarsine (OBPA), imported in bulk form, will be 2934.99.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Pesticides: Other: Other.” The rate of duty will be 7.3 percent ad valorem.

Articles classifiable under subheading 2934.99.1800, HTS, which are products of Brazil may be entitled to duty-free treatment under the Generalized System of Preferences (GSP), upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", click on “Files,” click on “Search,” and then enter a key word search for the term "T-GSP." 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 646-733-3033.

Sincerely,

Robert B. Swierupski

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