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NY 818714




February 14, 1996

CLA-2-30:RR:NC:FC:238 818714

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Mr. Stuart Greenfield
Bio-Solutions Systems Inc.
904-167 Lombard Avenue
Winnipeg, MB, Canada R3B OV3

RE: The tariff classification of BIO-409 swine manure additive from France

Dear Mr. Greenfield:

In your letter dated January 26, 1996, you requested a tariff classification ruling.

The subject product, BIO-409 , is a swine manure additive, put up as a dry powder in 10 kg or 25 kg bags, which is comprised of six different kinds of viable non-pathogenic bacteria. According to the descriptive literature, the product acts to break down cellulose in hog manure, so that it takes a more liquid form. In addition, it acts to reduce both the odor and the methane gas produced by the manure. You state that, in its imported condition (i.e., dry powder), the micro-organisms are inactive, with activation being achieved by the addition of water to the product, or, conversely, by adding the product to water.

The applicable subheading for the subject product will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Human blood; ... ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: 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 (301) 443-6553. 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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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