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NY M87209





October 30, 2006

CLA-2-29:RR:NC:2:240 M87209

CATEGORY: CLASSIFICATION

TARIFF NO.: 2920.90.5090

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

RE: The tariff classification of Bromo difluoro methyl diethyl phosphonate, CAS # 65094-22-6, imported in bulk form, from China

Dear Mr. Chivini:

In your letter dated September 26, 2006 you requested a tariff classification ruling.

The subject product, Bromo difluoro methyl diethyl phosphonate, also known as Phosphonic acid, (bromodifluoromethyl)-, diethyl ester, is a nonaromatic halogenated derivative of an ester of an inorganic acid indicated for use as a pharmaceutical intermediate.

The applicable subheading for Bromo difluoro methyl diethyl phosphonate will be 2920.90.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Esters of other inorganic acids of nonmetals (excluding esters of hydrogen halides)and their salts; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Other. The rate of duty will be 3.7 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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