The tariff classification of Biosinfo and Bioclear from Italy

N004425 January 4, 2007 CLA-2-30:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Ms. Janet S. Bonacci World Wise Consulting, Inc. 7850 NW 80th Street, Suite 2 Medley, FL 33166 RE: The tariff classification of Biosinfo and Bioclear from Italy Dear Ms. Bonacci: In your letter dated December 6, 2006, on behalf of your client, Mr. Paul Chehade, you requested a tariff classification ruling. Biosinfo and Bioclear (referred to as “enzymatic bacterial promoters” and “enzymatic bacterial compounds”) are formulated mixtures, in freeze-dried form (powder and tablets), containing (among other things) naturally occurring, nonpathogenic, viable microorganisms, as well as various enzymes. You have submitted an article entitled Application of enzymatic bacterial promoters in the remediation of aquatic environment, which describes these products as “starters of those biological processes that normally occur in nature: water depuration, degradation and stabilization of organic materials (municipal solid waste, manure, organic sludge, etc.), soil fertility, (and) remediation of soil polluted by chemicals.” You have also submitted Technical Data Sheets, which describe these products, in pertinent part, as “Biologically active enzymes and microorganisms that are aimed at sanitizing water environments such as lakes, lagoons, rivers, fountains, ponds, sport fishing lakes, (and) fish farms.” The production process for these products is described in another submitted document as follows: “Selection and reproduction of natural microorganisms; Selection of raw materials as a support of the above mentioned microorganisms; Fermentation in specific industrial fermenters up to the adequate concentration; Analytical evaluation of the obtained product; Concentration per centrifugation of the broth medium; Dehydration per lyophilisation of the concentrate broth; Chemical and microbiological analyses of the final product; (and) Label and packaging.” The applicable subheading for the subject products will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “cultures of microorganisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free. 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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or by visiting their website at www.epa.gov. 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 646-733-3033. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division