Classification of an Organic Fertilizer, "Plant Power 2003"

HQ 952522 January 14, 1993 CLA-2-CO:R:C:F 952522 K CATEGORY: Classification TARIFF NO.: 3101.00.0000; 3105.10.0000 Mr. J. Chris Fairbairn 433-CL Olomana St. Kailua, Hawaii 96734 RE: Classification of an Organic Fertilizer, "Plant Power 2003" Dear Sir: The following is in response to your request of September 2, 1992, for a tariff classification ruling for a product called "Plant Power 2003", an organic fertilizer. Specifications and a brochure were submitted with your letter FACTS: "Plant Power 2003" is a concentrated liquid organic fertilizer manufactured by using ultra filtered plant extract taken from fresh harvested plants. The product consists of micro-nutrients with undermined presence of trace amounts of minerals, including potassium and phosphorous. The product is diluted with water and is used as an all-purpose plant food. ISSUE: The issue concerns the tariff classification of an organic fertilizer, "Plant Power 2003". LAW AND ANALYSIS: Chapter 31, Harmonized Tariff Schedule of the United States (HTSUS), covers the tariff classification of most products in general use as natural or artificial fertilizers and the product described falls within this Chapter. HOLDINGS: "Plant Power 2003" is classifiable under the heading -2- 3101.00.0000, HTSUS, for animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products, free of duty. If the product is imported in containers of a gross weight not exceeding 10 kgs, it is classifiable under subheading 3105.10.0000, HTSUS, as products of Chapter 20 in packages of a gross weight not exceeding 10 kgs, free of duty. Sincerely, John Durant, Director