The tariff classification of Pro-Plant and Bio-Plant from Thailand

N023613 June 16, 2008 CLA-2-31:OT:RR:NC:N2:236 CATEGORY: Classification TARIFF NO.: 3105.10.0000; 3002.90.5150 Donna M. Mullins Alpha Sun International, Inc. 5300 Kennedy Road Suite C Forest Park, GA 30297 RE: The tariff classification of Pro-Plant and Bio-Plant from Thailand Dear Ms. Mullins: In your letter dated February 4, 2008 on behalf of Organicure, you requested a tariff classification ruling. The samples which you submitted were forwarded to the Customs and Border Protection laboratory for analysis. Pro-Plant is a liquid fertilizer containing nitrogen, phosphorus and potassium. Bio-Plant is a brown liquid containing microorganisms that can accelerate growth. Your literature states that Bio-Plant improves the soil and produces nutrients for the plant. The applicable subheading for the Pro-Plant will be 3105.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10kg: products of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg. The rate of duty will be Free. The applicable subheading for the Bio-Plant will be 3002.90.5150 Harmonized Tariff Schedule of the United States (HTSUS), which provides for … vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The rate of duty will be free. This product may be subject to the rules and regulations of the U.S. Dept of Agriculture. You may contact them at 1400 Independence Avenue, SW, Washington, DC 20250. Alternatively, you may contact their Bonham Service Center, located at 200 E. 1st Street, Bonham, TX, 75418-4401, telephone number (908) 583-9513. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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 Debra Wholey at 646-733-3034. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division