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NY 880157




November 17, 1992

CLA-2-38:S:N:N1-F:238 880157

CATEGORY: CLASSIFICATION

TARIFF NO.: 3808.30.1000

Mr. Richard S. Littleton
WinGro, Inc.
1407 Bethlehem Pike
Flourtown, PA 19031

RE: The tariff classification of "Gro-Caryophyllin I" from Germany

Dear Mr. Littleton:

In your letter dated September 14, 1992, resubmitted on November 3, 1992, you requested a tariff classification ruling.

The subject merchandise, "Gro-Caryophyllin I", is a formulated product consisting of natural amino acids, enzymes, phytohormones and inhibitors, which have been extracted from wild plants belonging to the family "Caryophyllaceae", and natural carriers (seaweed extracts and stoneflour). It is used as a plant-growth regulator/biocatalyst by application to the seeds or to the leaves of plants.

The applicable subheading for the subject merchandise will be 3808.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for insecticides ... antisprouting products and plant-growth regulators ... put up in forms or packings for retail sale or as preparations ... : herbicides, antisprouting products and plant-growth regulators: containing any aromatic or modified aromatic herbicide, antisprouting agent or plant-growth regulator. The rate of duty will be 1.8 cents per kilogram plus 9.7 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, DC 20460, telephone number (202) 382- 2090.

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

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