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NY H86561




January 4, 2002

CLA-2-27:RR:NC:2:237 H86561

CATEGORY: CLASSIFICATION

TARIFF NO.: 2703.00.0000

Mr. Robert A. Wilkinson
Livingston International Trade Services Inc. Raleigh Centre
25300 Telegraph Road, Suite 250
Southfield, MI 48034

RE: The tariff classification of various Potting/Garden Soils from Canada.

Dear Mr. Wilkinson:

In your letter dated December 11, 2001, on behalf of Fafard & Freres, you requested a tariff classification ruling.

The five products to be imported in bags for retail sale are described as follows:

Potting Soil consisting of 73 percent peat humus, 12 percent peat moss, 8 percent perlite, 3 percent compost, 4 percent sand, and limestone salt at a rate of 10 lb./cu. yd. to bring the pH balance to 5.9.

African Violet consisting of 70.1 percent peat humus, 10 percent peat moss, 10 percent perlite, 3.4 percent compost, 6.5 percent sand, and limestone salt at a rate of 9.5 lb./cu. yd. to bring the pH balance to 5.5.

Water Garden Soil consisting of 51.5 percent peat humus, 24 percent sand, 7 percent volcanic basalt, 12.5 percent pelletized clay, 5 percent calcic stone, and limestone salt at a rate of 5.5 lb./cu. yd. to bring the pH balance to 6.6.

Complete Planting consisting of 79.4 percent peat humus, 10 percent peat moss, 5 percent sand, 5.6 percent manure, and limestone salt at a rate of 8 lb./cu. yd.

Organic Compost consisting of 67 percent peat humus and 33 percent compost.

The applicable subheading for the Potting Soil, African Violet, Water Garden Soil, Complete Planting, and Organic Compost will be 2703.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for peat (including peat litter) whether or not agglomerated. 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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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