The tariff classification of Bi-Chem® Manure Degrader, OdorCap™, Sporzyme® BCC Dry Biological Concentrate Blend , Sporzyme® Compost Accelerator and Bi-Chem® BEF from China and France

N195063 December 27, 2011 CLA-2-30:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 3002.90.5150 Mr. John Conde Novozymes Biologicals 5400 Corporate Circle Salem, VA 24153 RE: The tariff classification of Bi-Chem® Manure Degrader, OdorCap™, Sporzyme® BCC Dry Biological Concentrate Blend , Sporzyme® Compost Accelerator and Bi-Chem® BEF from China and France Dear Mr. Conde: In your letter dated November 29, 2011 you requested a tariff classification ruling. OdorCap™ consists of a proprietary blend of bacterial cultures on a bran carrier and sand in powder form. According to the literature submitted, OdorCap™ treats sulfide odors and odors associated with mercaptans and volatile organic acids including VFA. It also stimulates the denitrification process in activated sludge systems using pre or post denitrification strategies in lagoons, or other processes in municipal and industrial wastewater treatment facilities. Sporzyme® BCC Dry Biological Concentrate Blend consists of a proprietary blend of bacterial cultures on a bran carrier designed to degrade organic wastes and eliminate their associated odors. According to the literature submitted , it is capable of breaking down proteins, carbohydrates, cellulose and fats in animal waste pits, lagoons and storage tanks, septic tanks and leach beds, grease traps and drain lines, aquaculture confinement, and ornamental pools and fountains. Sporzyme® Compost Accelerator consists of a proprietary blend of bacterial cultures on a bran carrier and fungal spores. According to the literature submitted, the bacterial cultures accelerate the degradation of organic waste material, while eliminating odors in municipal composting facilities. The applicable subheading for the OdorCap™, Sporzyme® BCC Dry Biological Concentrate Blend and Sporzyme® Compost Accelerator will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Human blood; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The rate of duty will be free. Your inquiry does not provide enough information for us to give a classification ruling on the Bi-Chem® Manure Degrader and Bi-Chem® BEF. Your request for a classification ruling should include the full compositional breakdown of the ingredients. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. This merchandise may also 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. 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 Judy Lee at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division