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NY A83597





May 21, 1996

CLA-2-30:RR:NC:FC:238 A83597

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Mr. Gordon C. Anderson
Meyer Customs Brokers
Division of C.H. Robinson International Inc. 8100 Mitchell Rd., Suite 200
Eden Prairie, MN 55344

RE: The tariff classification of Biotal Compost Degradation/Accelerator from England

Dear Mr. Anderson:

In your letter dated May 7, 1996, on behalf of your client, Biotal, Inc., you requested a tariff classification ruling.

The subject product, Biotal Compost Degradation/Accelerator, consists of a mixture of viable bacteria and enzymes. It is used for accelerating the degradation of all types of natural waste (e.g., lawn and garden, household organic grease, manure, wood, etc.). The bacteria utilized in the product are originally isolated from their natural environments, selected for specific properties, and then commercially reproduced in large quantities. The micro-organisms are then combined with various enzymes, which accelerate their function. The subject product would then be reintroduced by the end-user into those natural environments where the acceleration of natural-waste degradation is desired. You indicate that the product may be imported as a freeze-dried powder, or as a liquid.

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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