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NY A86204




August 19, 1996

CLA-2-30:RR:NC:FC:238 A86204

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Ms. Aida M. Colavito
Tellus, Inc.
15011 SW 45th Lane
Miami, FL 33185

RE: The tariff classification of TELLUS E-5, TELLUS E-9 and TELLUS E-16, from Italy

Dear Ms. Colavito:

In your letter dated August 2, 1996, you requested a tariff classification ruling.

The subject products, TELLUS E-5, TELLUS E-9 and TELLUS E- 16, each consist of a light-brown, water-soluble powder, prepared by freeze-drying. Each product consists of different types of viable bacteria and protozoa (both in a latent state), combined with proenzymes, various types of bacteriophage, and macrophages. These active ingredients are, in turn, combined with a carrier consisting of culture media, dry algae, and mineral salts. According to your letter and the descriptive literature, these products are used to treat any type of organic waste, such as animal liquid and solid waste, sewage, industrial liquid waste, etc. You also state in your letter that the subject products come packed in bags or drums of 5, 10, or 20 kg.

The applicable subheading for the three subject products will be 3002.90.5050, Harmonized Tariff Schedule of the United States (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 merchandise may be subject to the regulations of the Environmental Protection Agency (EPA) and/or the Food and Drug Administration (FDA). You may contact the EPA at 401 M Street, S.W., Washington, DC 20460, telephone number (202) 382-2090. You may contact the FDA at 5600 Fishers Lane, Rockville, MD 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 Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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