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NY G84147





November 13, 2000

CLA-2-30:RR:NC:2:238 G84147

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Mr. KangMan Lee
Alchem Korea Co., Ltd.
5th Fl., Hankwang Bldg.
96-4, Woosan-dong, Wonju City
Kangwon Province, Korea

RE: The tariff classification of Alchem Microbial Complex from Korea

Dear Mr. Lee:

In your letter dated September 15, 2000, resubmitted on October 25, 2000, you requested a tariff classification ruling.

According to your letter, the subject product, Alchem Microbial Complex, consists of various species of phototrophic bacteria, including purple non-sulfur bacteria [e.g., Rhodopseudomonas capsulata (the major component)], and purple sulfur bacteria. The microorganisms comprise 9.5 percent of the product’s weight, and are suspended in liquid culture media. You state that the subject product will be imported put up frozen in 100 ml and one liter plastic jars, with distribution in the near future likely at the temperature of the air circulating around the container (i.e., ambient air temperature). Alchem Microbial Complex is indicated for commercial use to deodorize polluted water in places such as swine-manure storage pits and lagoons, cattle feed lots, and sewage disposal plants.

The applicable subheading for the subject product will be 3002.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for "[H]uman blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other." The rate of duty will be free.

This product may be subject to the requirements of the U.S. Environmental Protection Agency (EPA). You may contact them at 401 M Street, Washington, DC 20460-2090, telephone number 202-260-2090. You may also contact the EPA regional office in Atlanta, GA, telephone number 800-241-1754. 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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