The tariff classification of BI-CHEM® ABR® Gasoline Blend, BI-CHEM® ABR® Hydrocarbon Blend, BI-CHEM® DC 2000GL, Novo Grease Guard, and BI-CHEM® Freshen Plus 10x from China or France

N125878 October 26, 2010 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150; 3307.49.0000 Mr. John Conde Novozymes Biologicals, Inc. 5400 Corporate Circle Salem, VA 24153 RE: The tariff classification of BI-CHEM® ABR® Gasoline Blend, BI-CHEM® ABR® Hydrocarbon Blend, BI-CHEM® DC 2000GL, Novo Grease Guard, and BI-CHEM® Freshen Plus 10x from China or France Dear Mr. Conde: In your letter dated October 1, 2010, you requested a tariff classification ruling. BI-CHEM® ABR® Gasoline Blend is a synergistic mixture of selectively adapted bacteria developed specifically for the rapid degradation of the major components of gasoline. ABR Gasoline blend is particularly effective on benzene, toluene, and xylene, compounds known to be persistent in the environment. Its applications include decontamination of groundwater containing gasoline as a result of leaking underground storage tanks, transfer line leaks and spills. BI-CHEM® ABR® Hydrocarbon Blend is a proprietary blend of bacterial cultures specifically designed to degrade the light-distilled oil fractions, as well as the heavier fractions of hydrocarbons normally associated with 4, 5, and 6 fuel oils, crude oil and coal tar. Its applications include wastewater treatment systems, leaking underground storage tanks, transfer line leaks and spills. BI-CHEM® DC 2000GL with BioS™ 3112 is a synergistic microbial blend that is designed to remedially treat fats, oils, and greases (FOG) in municipal applications. BioS™ 3112 is a patented Bacillus strain that adds a novel, stable, spore-forming bacterium to BI-CHEM 2000GL. BioS™ 3112 was developed to degrade the recalcitrant or difficult-to-degrade long-chain fatty acids resulting from the initial breakdown of FOG. Novo Grease Guard is designed to ensure the rapid digestion of typical restaurant grease. Novo Grease Guard contains the specialized, patented microbe, BioS ™ 3112, discussed above. This strain is blended with a consortium of bioenzymatics capable of fast degradation of high concentrations of proteins, carbohydrates, and cellulosic material commonly found in restaurant waste collection. To further expedite the treatment process, key formulation ingredients are added to assist the action of the bioenzymatics. The combination of bioenzymatics with other formulation ingredients provides a system to maximize grease trap performance for most restaurants. BI-CHEM® Freshen Plus 10x combines a proprietary chemical formulation for immediate odor control with the longer lasting effects of bioenzymzatics. Chemical odor absorbers, surfactants and binding agents provide immediate odor control while the bioenzymatics provide longer term residual effects and removal of the odor source. It is designed as an odor controller for use on carpets and upholstery and in garbage collection areas, loading docks, public restrooms and fitness facilities. The applicable subheading for BI-CHEM® ABR® Gasoline Blend, BI-CHEM® ABR® + Hydrocarbon Blend, BI-CHEM® DC 2000GL and Novo Grease Guard will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antis era and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other; Other: Other.” The rate of duty will be free. The applicable subheading for the BI-CHEM® Freshen Plus 10x will be 3307.49.0000, HTSUS, which provides for “Preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites: Other.” The rate of duty will be 6 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 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 Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division