The tariff classification of “HYTb” from Mexico

N249694 February 21, 2014 CLA-2-31:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3101.00.0000 John M. Herrmann Kelley Drye & Warren, LLP Washington Harbour, Suite 400 3050 K. Street, NW Washington, D.C. 20007-5108 RE: The tariff classification of “HYTb” from Mexico Dear Mr. Herrmann: In your ruling request received January 23, 2014, on behalf of your client, Agrinos, Inc., you requested a tariff classification ruling on “HYTb.” You have stated that the product at issue is an organic, biologically extracted liquid amino acid solution. Your submission indicates that “HYTb” is an animal or vegetable based fertilizer that increases photosynthetic activity, improves pollination rates and better fruit formation. This product will be imported in containers or packages that exceed 10 kilograms. Your suggested classification of 3105.51.0000, Harmonized Tariff Schedule of the United States (HTSUS), is incorrect because this product is not a mineral or chemical based fertilizer. The applicable subheading for “HYTb” will be 3101.00.0000, HTSUS, which provides for Animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizers produced by the mixing or chemical treatment of animal or vegetable products. The general rate of duty will be free. 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 Nuccio Fera at (646) 733-3034. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division