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NY 852054


May 18 1990

CLA-2-31:S:N:N1:236 852054

CATEGORY: CLASSIFICATION

TARIFF NO.: 3101.00.0000

Mr. Cristina Martin Solano
Ma. Ga. Mo's., S.A.
Apartado 99
Cartagena (Murcia) Spain

RE: The tariff classification of Humus, 100% Organic Fertilizer, from Spain.

Dear Mr. Solano:

In your letter dated April 17, 1990, you requested a tariff classification ruling.

The prospective import is a humus, organic fertilizer. It is derived from earthworm manure and contains the elements: Nitrogen, Phosphorus, and Sulphur.

The applicable subheading for the organic fertilizer will be 3101.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for animal or vegetable fertilizers, whether or not mixed together or chemically treated; fertilizer produced by the mixing or chemical treatment of animal or vegetable products. When packaged in containers not exceeding 10kg., HTS 3105.10.0000 would be applicable. It will be free of duty.

The fertilizer is subject to the regulations and rulings of the U.S. Department of Agriculture (U.S.D.A.), Animal and Plant Health Inspection Service. Questions regarding the USDA requirements may be addressed to: USDA - APHIS, 6505 Belcrest Road - Federal Building, Hyattsville, Maryland 20782, Attention: Dr. Caffey.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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