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NY J80444




January 31, 2003

CLA-2-29:RR:NC:2:238 J80444

CATEGORY: CLASSIFICATION

TARIFF NO.: 2924.29.4700

Ms. Silvia Perez
M.G. Maher & Company, Inc.
One Canal Place, Suite 1600
New Orleans, LA 70130

RE: The tariff classification of Metolachlor Technical (CAS-51218-45-2), imported in bulk form, from China

Dear Ms. Perez:

In your letter dated January 22, 2003, on behalf of your client, Drexel Chemical Company, you requested a tariff classification ruling.

The subject product, Metolachlor Technical, is indicated for use as a selective herbicide.

You contend that the subject product should be classified under subheading 2924.29.9500, HTS. However, the structural formula for Metolachlor reveals the presence of an unfused benzene ring. Therefore, pursuant to Section VI, Additional U.S. Note 2(a), HTS, Metolachlor is “aromatic,” for tariff purposes.

The applicable subheading for Metolachlor Technical, imported in bulk form, will be 2924.29.4700, Harmonized Tariff Schedule of the United States (HTS), which provides for “Cyclic amides (including cyclic carbamates) and their derivatives, salts thereof: Other: Aromatic: Other: Pesticides: Other.” The rate of duty will be 7.1 percent ad valorem.

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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