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NY M85434




September 13, 2006

CLA-2-38:RR:NC:2:239 M85434

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.4020

Mr. John S. Rode
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of Biodiesel from various countries.

Dear Mr. Rode:

In your letter dated July 31, 2006, on behalf of your client Kolman Petrochemicals Americas, Inc. (Kolman), you requested a tariff classification ruling for biodiesel which conforms to American Society for Testing and Materials (ASTM) or European Norm (EN) standards. You state in your inquiry that your client’s biodiesel, containing an ester content of greater than 96.5 percent, is produced from canola, castor, coconut, palm, palm kernel, rapeseed, and soybean oils. You further state that Kolman anticipates importing biodiesel produced from waste vegetable oil and tallow derived from animal fats.

The applicable subheading will be 3824.90.4020, Harmonized Tariff Schedule of the United States (HTSUS), 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 general 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/.

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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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