The tariff classification of MYCORISE® PRO ENDO, MYCORISE® PRO ECTO, MYCORISE® PRO VÈGÉ (RECLAIM), and MYCORISE® ASP, from Canada

NY G86577 February 20, 2001 CLA-2-30:RR:NC:2:238 G86577 CATEGORY: Classification TARIFF NO.: 3002.90.5050 Ms. Kristi Yelle A.N. Deringer, Inc. 173 W. Service Road Champlain, NY 12919 RE: The tariff classification of MYCORISE® PRO ENDO, MYCORISE® PRO ECTO, MYCORISE® PRO VÈGÉ (RECLAIM), and MYCORISE® ASP, from Canada Dear Ms. Yelle: In your letter dated January 11, 2001, on behalf of your client, Premier Tech, you requested a tariff classification ruling. The first product, MYCORISE® PRO ENDO, is a fungus-based inoculant, in powder form, containing Glomus intraradices (an endomycorrhizal fungus) as the active ingredient. The inert ingredients consist of perlite and vermiculite. It is intended for use as a growth enhancer in nurseries and greenhouses. According to the product specification sheet, this product will be imported put up in 18-liter pails or 30-liter bags. The second product, MYCORISE® PRO ECTO, is a fungus-based inoculant, in powder form, containing a mix of Pisolithus tinctorius, Rhizopogon sp., Laccaria sp., and Scleroderma sp. (all ectomycorrhizal fungi) as the active ingredients. The inert ingredients consist of peat, sand, composted shrimp shells, vermiculite and perlite. It is intended for use as a growth enhancer for conifer and hardwood trees. According to the product specification sheet, this product will also be imported put up in 18-liter pails or 30-liter bags.  The third product, MYCORISE® PRO VÈGÉ (RECLAIM), is a fungus-based inoculant containing a mix Glomus intraradices (an endomycorrhizal fungus) and Pisolithus tinctorius, Rhizopogon sp., Laccaria sp., and Scleroderma sp. (all ectomycorrhizal fungi) as the active ingredients. The inert ingredients consist of perlite and composted shrimp shells. It is intended for use as a turf and landscaping growth enhancer. According to the product specification sheet, this product will be imported put up in 30-liter bags. The fourth product, MYCORISE® ASP, consists of a pure and contaminant-free suspension of aseptically-produced spores of Glomus intraradices in sterile deionized water. According to the product specification sheet, “[I]t enables exact spore counts, eliminating the need for timely quantification methods such as MPN (most probable number) for arbuscular mycorrhiza (AM),” thus reducing the time and expense involved in preparing AM inocula for several types of research involving this fungus. It is available in three different counts: 100,000, 500,000 or 1,000,000 spores per 125 ml. Pursuant to Rule 3(b) of the General Rules of Interpretation, HTS, the applicable subheading for MYCORISE® PRO ENDO, MYCORISE® PRO ECTO, and MYCORISE® PRO VÈGÉ (RECLAIM) will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]uman blood, … , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The general rate of duty will be free. Pursuant to Rule 1 of the General Rules of Interpretation, HTS, the applicable subheading for MYCORISE® ASP will also be 3002.90.5050, HTS, which (as noted above) provides for "[H]uman blood, … , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The general rate of duty will be free. This merchandise may be subject to the regulations of the Animal and Plant Health Inspection Service, Plant Protection and Quarantine Division, U.S. Department of Agriculture. You may contact them at 4700 River Road Unit 139, Riverdale, MD 20737-1236, telephone number (301) 734-6799. 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 Harvey Kuperstein at 212-637-7068. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division