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NY I82176




June 4, 2002

CLA-2-30:RR:NC:2:238 I82176

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Mr. F.B. Paulsen, Jr.
134 Victoria Lane
P.O. Box 629
Lewisburg, PA 17837

RE: The tariff classification of ZX Microbial Soil Inoculant from China

Dear Mr. Paulsen. :

In your letter dated May 16, 2002, you requested a tariff classification ruling.

The subject product, ZX Microbial Soil Inoculant, is a bacteria-based soil inoculant, in granular form, composed of a blend of viable naturally-occurring soil bacteria held in inert carriers of sterilized vermiculite/zeolite. It is claimed to enhance plant growth, strengthen plants’ resistance to diseases, and improve the soil’s fertility. Specifically, the bacteria act by converting compounds of nitrogen, phosphorus and potassium in the soil (whether supplied by chemical or organic fertilizers) to forms which are more absorbable by the plant. The product is currently packaged in sealed, double-layer, plastic bags, each weighing 2.2 lbs., for small-field and greenhouse applications, or 22 lbs., for large-field applications.

The applicable subheading for the subject product will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “Human blood; ; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free.

This merchandise may be subject to the regulations of the Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine Division, U.S. Department of Agriculture. You may contact them at 4700 River Road Unit 139, Riverdale, MD 20737-1236, telephone number 301-734-6799.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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