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NY L89068




December 27, 2005

CLA-2-38:RR:NC:2:239 L89068

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.4020

Mr. Evan Severson
Archer Daniels Midland Company
P.O. Box 2563
1001 N. Brush College Road
Decatur, IL 62521

RE: The tariff classification of fatty acid methyl esters (soy based) from Argentina and/or Brazil; and fatty acid methyl esters (palm based) from Malaysia and/or Indonesia.

Dear Mr. Severson:

In your letter dated November 29, 2005, you requested a tariff classification ruling for fatty acid methyl esters (soy based) and fatty acid methyl esters (palm based) which you have stated will be used as a biodiesel fuel.

The applicable subheading for both products will be 3824.90.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Fatty substances of animal or vegetable origin and mixtures thereof: Mixtures of fatty acid esters. The rate of duty will be 4.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 3824.90.4020, HTSUS, which are products of Argentina, Brazil, and Indonesia 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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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