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NY H84070




August 3, 2001

CLA-2-30:RR:NC:2:238 H84070

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5050

Ms. Kristi Yelle
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of MYKE™ Tree and Shrub from Canada

Dear :

In your letter dated January 3, 2001, on behalf of your client, Premier Tech, you requested a tariff classification ruling. We regret the delay in responding.

According to the product literature submitted, the subject product, MYKE™ Tree and Shrub, consists of a mixture of five species of viable mycorrhizal fungi, enriched with phosphorus. The product is characterized as a natural growth stimulant which, when added to the soil in which plants are growing, acts to enhance the ability of the roots to absorb water and other nutrients from the soil.

The applicable subheading for the subject product 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 general rate of duty will be free.

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 them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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