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NY L82212




January 26, 2005

CLA-2-29:RR:NC:2:238 L82212

CATEGORY: CLASSIFICATION

TARIFF NO.: 2931.00.9041

Mr. John Bech
Nations Ag II, LLC
2901-12 Rivendell
Knoxville, TN 37922

RE: The tariff classification of Ethephon Technical (CAS-16672-87-0), imported in bulk form, from China

Dear Mr. Bech :

In your letter dated January 14, 2005, you requested a tariff classification ruling.

According to The Merck Index (13th ed.), Ethephon Technical, [Chemical Abstracts name: (2-Chloroethyl)phosphonic acid], is an ethylene-releasing agent that is used to control the growth and ripening of fruit crops. You state in your letter that the subject product, after formulation with other (inert) ingredients, is intended for use as a plant-growth regulator to enhance the uniform opening of cotton bolls.

The applicable subheading for Ethephon Technical, imported in bulk form, will be 2931.00.9041, Harmonized Tariff of the United States (HTS), which provides for “Other organo-inorganic compounds: Other: Other: Organo-phosphorus compounds: Containing a phosphorus atom to which is bonded one methyl, ethyl, n-propyl or isopropyl group, but no other carbon atoms. The rate of duty will be 3.7 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 1200 Pennsylvania Ave., NW, Washington, DC 20460, telephone (202) 260-2090.

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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