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NY A82537




May 13, 1996

CLA-2-84:RR:NC:MA:104 A82537

CATEGORY: CLASSIFICATION

TARIFF NO.: 8419.39.0080; 3002.90.5050

Mr. Scott M. Damron
Blue Marble Trading, LLC
3260 Lee Street
Smyrna, Georgia 30080

RE: The tariff classification of a fermenter dryer and VIP (actinomycetes) from Korea.

Dear Mr. Damron:

In your letter dated March 29, 1996 you requested a tariff classification ruling.

The New-Star is a low temperature fermentation dryer used to treat organic wastes. The literature states that it makes fermentation feeds for livestock and good quality composts within eight to twenty-two hours through the processes of decomposition, mixing, moisture evaporation, fermentation and drying. The unit has an electrical heating system. Restaurants, hospitals, school cafeterias etc. would utilize this device to reduce food waste.

VIP is a thermophilic microorganism (actinomycetes) used to decompose the organic wastes processed by the New-Star. One teaspoon of VIP is used per 100 kg of organic waste.

The applicable subheading for the New-Star will be 8419.39.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, ... drying, evaporating ..., other than machinery or plant of a kind used for domestic purposes; dryers: other. The rate of duty will be 2.5 percent.

The applicable subheading for the VIP will be 3002.90.5050, HTS, which provides for human blood ... cultures of micro-organisms (excluding yeasts) and similar products: other: other: other. The rate of duty will be free.

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 Robert Losche at 212-466-5670.

Sincerely,

Roger J. Silvestri
Director

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