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NY L87417




September 12, 2005

CLA-2-29:RR:NC:2:240 L87417

CATEGORY: CLASSIFICATION

TARIFF NO.: 2915.90.5000

Mr. Joseph J. Chivini
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, Illinois 60089

RE: The tariff classification of Ethyl nitroacetate 98%, CAS # 626-35-7, imported in bulk form, from Russia

Dear Mr. Chivini:

In your letter dated August 12, 2005 you requested a tariff classification ruling.

The subject product, Ethyl nitroacetate, is a derivative of an acetic acid ester indicated for use as a pharmaceutical intermediate.

The applicable subheading for Ethyl nitroacetate, also known as Nitroacetic acid ethyl ester, will be 2915.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Other.. The rate of duty will be 3.8 percent ad valorem.

Articles classifiable under subheading 2915.90.5000 HTS, which are products of Russia 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 our Web site at www.cbp.gov and search for the term "GSP".

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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