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NY 858324


JAN 10 1991

CLA-2-30:S:N:N1:238 858324

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Ms. Carol DeYulio
Empire Trading Company Ltd
6489 Ridings Road
Syracuse, New York 13206

RE: The tariff classification of PSB (Purple non-Sulfur Bacteria) from Japan.

Dear Ms. DeYulio:

In your letter dated November 14, 1990 you requested a tariff classification ruling.

The PSB product is a red liquid containing viable bacteria which is used to control algae growth in marine farms and in waste disposal systems. It removes the waste ammonia and nitrites from such water systems and is not considered a ferment.

The applicable subheading for the PSB will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for cultures of micro-organisms, other, other, other. The rate of duty will be free.

This merchandise may be subject to the regulations of the Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (202) 443-3380.

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

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