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NY G82229




September 25, 2000

CLA-2-31:RR:NC:SP:236 G82229

CATEGORY: CLASSIFICATION

TARIFF NO.: 3105.90.0050

Mr. Jerry Clay
Golden Grains Co.
P.O. Box 586
Willow, Alaska 99688

RE: The tariff classification of Golden Grains Compost from the Philippines

Dear Mr. Clay:

In your letter dated September 6, 2000, you requested a tariff classification ruling.

You state that the Golden Grains Compost consists of 80% dried bat and bird guano, 10% puffed perlite and 10% roasted rice hulls. The mixture is then laid down on the wood chips on concrete pads to compost for at least two days. The compost will be bagged into 50kg. bags for shipment to the United States.

The applicable subheading for the Golden Grains Compost will be 3105.90.0050, Harmonized Tariff Schedule of the United States (HTS), 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 10 kg: Other: Other. The rate of duty will be Free.

Articles classifiable under subheading 3105.90.0050, HTS, which are products of the Philippines, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “CEBB” and then search for the term “GSP

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 Deborah Walsh at 212-637-7062.

Sincerely,

Robert B. Swierupski
Director,

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