The tariff classification of potassium humate from Germany

N328429 October 12, 2022 CLA-2-39:OT:RR:NC:N1:137 CATEGORY: Classification TARIFF NO.: 3913.90.5000 Karma Ruiz World Wise Consulting Inc. 7769 NW 48th Street Doral, Florida 33166 RE: The tariff classification of potassium humate from Germany Dear Ms. Ruiz: In your letter dated September 28, 2022 you requested a tariff classification ruling on behalf of your client, LekkerBio BV. Powhumus WSP-85, potassium humate, is a potassium salt of humic acid. It is water soluble and composed of 85 percent highly bio-active humic acids, 12 percent potassium hydroxide (potash) and small percentages of iron and nitrogen. The product functions as a high quality soil enhancer and plant growth stimulant. The product will be imported packaged for retail sale in 1 kg carton boxes or 25 kg bags. You suggest classification of Powhumus WSP-85 in 3824.99.9397, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. The provision cited covers chemical products not elsewhere specified or included. The product is noted to be potassium humate, which is the potassium salt of humic acid. Humic acid is a natural polymer sourced from highly oxidized lignites (known as leonardite). As natural polymers are specifically provided for in the HTSUS, classification in 3824.99.9397 is precluded. The applicable subheading for the potassium humate will be 3913.90.5000, HTSUS, which provides for natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: other: other. The general rate of duty will be 6.5% 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 the World Wide Web at https://hts.usitc.gov/current. 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 Christina Allen at julie.c.allen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division