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NY A86601




September 12, 1996

CLA-2-31:RR:NC:FC:236 A86601

CATEGORY: CLASSIFICATION

TARIFF NO.: 3105.90.0050

Mr. Dave Walser
Office Manager
Arthur J. Humphreys Div.
Border Brokerage Co., Inc.
P.O. Box 249
Sumas, Washington 98295

RE: The tariff classification of Billygro compost from Canada

Dear Mr. Walser:

In your letter dated August 13, 1996, on behalf of your client, Billygro Compost, you requested a tariff classification ruling.

You state that Billygro compost is manufactured by using treated sludge which is free of all solids, metals and impurities, and mixed with bulk hog fuel (bark, wood chips, sawdust, shaving); cooked for three to four weeks at temperatures up to 200 degrees Fahrenheit and screened to give the end product. Your test results indicate that it contains nitrogen, phosphorus, potassium and small amounts of other elements and compounds.

The applicable subheading for Billygro compost will be 3150.90.0050, Harmonized Tariff Schedule of the United States, which provides for mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers; goods of this chapter in tablets or similar forms or in packages of a gross weight not exceeding 10kg: 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 V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director

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