The tariff classification of (R)-(+)-2-(4-Hydroxyphenoxy) propionic acid, CAS No. 94050-90-5, imported in bulk form, from Taiwan and China

N038771 November 3, 2008 CLA-2-29:OT:RR:E:NC:2:240 CATEGORY: Classification TARIFF NO.: 2918.99.4300 Ms. Kristi Speheger Dow AgroSciences LLC 9330 Zionsville Road Building 308/1E-121 Indianapolis, IN 46268 RE: The tariff classification of (R)-(+)-2-(4-Hydroxyphenoxy) propionic acid, CAS No. 94050-90-5, imported in bulk form, from Taiwan and China Dear Ms. Speheger: In your letter dated September 17, 2008 you requested a tariff classification ruling. The subject product, (R)-(+)-2-(4-Hydroxyphenoxy) propionic acid, is a carboxylic acid with both phenol and ether functions. The product is indicated for use as a raw material to produce Clincher Technical, a formulated herbicide used for selected control of grassy weeds in rice. The applicable subheading for (R)-(+)-2-(4-Hydroxyphenoxy) propionic acid will be 2918.99.4300, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 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 National Commodity Specialist Division