The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Activated Barn Fresh from Canada; Article 509Mr. Michael TheodoreLivingston International1925 – 18th Avenue N.E., Suite 320Calgary, Alberta T2E 7T8

N286986 June 14, 2017 CLA-2-33:OT:RR:NC:1:240 CATEGORY: Classification TARIFF NO.: 3307.49.0000 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Activated Barn Fresh from Canada; Article 509 Mr. Michael Theodore Livingston International 1925 – 18th Avenue N.E., Suite 320 Calgary, Alberta T2E 7T8 Dear Mr. Theodore: In your letter dated June 06, 2017, you requested a ruling on the status of Activated Barn Fresh (ABF) from Canada under the NAFTA, on behalf of Absorbent Products Ltd. In your request, you indicated that the ABF consists of a natural blend of diatomaceous earth (“DE”) and calcium montmorillonite (“CM”) mixed with citric acid. The DE ingredient also contains trace amounts of naturally occurring crystalline silica. The mixture is approximately 61% - 65% DE content and 35% - 39% citric acid content. DE used in the manufacture of ABF consists mainly of diatoms and clays of which CM, a.k.a. calcium bentonite, is the principal component. It is a natural blend of DE and CM, which also referred to as “Red Lake Earth”. The DE comes from an ancient lake bed located near Red Lake, BC, Canada where it is covered by glacial till that is completely removed prior to quarrying. You also state (in part) the following information regarding the subject product: The ABF is a room (Barn) deodorizer that works by absorbing and neutralizing liquid ammonia from poultry excrement. It also works to reduce the pH level of the excrement making it an acidifier type deodorizer. ABF is listed by the Organic Materials Review Institute (“OMRI”) as an odor control product suitable for use in organic food production operations. ABF is produced by blending the DE and citric acid. Once blended the resulting product is packed into 40 pound plastic bags, or into 2,000 pound bulk totes, for retail sale. (emphasis added). The packaged product is assigned Item ID W070-Plain and UPC Code 058633000706. The bulk totes are made to be delivered as such to the retail end-user with no repacking at any time in between. When used ABF is distributed onto the floor at a rate of 40 pounds for every 600 square feet of room space. The applicable tariff provision for the Activated Barn Fresh will be 3307.49.0000, Harmonized Tariff Schedule of the United States (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 https://hts.usitc.gov/current. General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as “goods originating in the territory of a NAFTA party” only if-- (i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or (ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that-- (A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or (B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or (iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or (iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the non-originating materials falling under provisions for “parts” and used in the production of such goods does not undergo a change in tariff classification because-- (A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or (B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts, provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note. Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 12(b)(13)(t). The goods will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements, including (if applicable) Regional Value Content requirements specified in General Note 12(t)(13). This ruling letter has not addressed the Regional Value Content (RVC) of the subject goods. If you desire a ruling regarding the RVC of your goods and their eligibility for NAFTA preferential treatment, provide the information noted in Section 181.93(b) of the Customs Regulations (19 CFR 181.93(b)), to U.S. Customs and Border Protection, Regulations & Rulings, 799 9th Street N.W. - 7th floor, Washington, DC 20229-1177, along with a copy of this letter. Certain Citric Acid products may be subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division