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NY D83349




December 11, 1998

CLA-2-39:RR:NC:FC:237 D83349

CATEGORY: CLASSIFICATION

TARIFF NO: 3913.90.2050

Mr. David N. Reed
Great Lakes Customs Brokerage
85 River Rock Drive, Suite 202
Buffalo, New York 14207

RE: The classification of YEA!TM plant growth regulator from Canada,

Dear Mr. Reed:

In your letter dated October 14, 1998 you requested a tariff classification ruling on behalf of Marine Extract, Ltd., of New Brunswick, Canada.

YEA!TM plant growth regulator is a clear, pale yellow, viscous liquid solution of chitosan (2.5%) in acetic acid (1%) and water. The chitosan is an all natural polymer extracted from crab and lobster shell. Based on Customs Laboratory Report 2-1999-20240, the product is a natural polymer of a polysaccharide derivative (chitosan), in primary form. The product will be imported in 5 gallon carboys and used as a yield enhancing agent for spraying the leaves of vegetable crops.

The applicable subheading for YEA!TM plant growth regulator imported in 5 gallon carboys will be 3913.90.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers and modified natural polymers not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives: other. The rate of duty is 5.8 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA) which is administered by the U.S. Environmental Protection Agency. You may contact the Agency at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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 F. Cantone at 212-466-5488.

Sincerely,


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