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NY J80147




January 24, 2003

CLA-2-30:RR:NC:2:238 J80147

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of Myke™ Annual and Perennial Growth Supplement, Myke™ Tree and Shrub Growth Supplement, Myke™ Vegetable Garden Growth Supplement, Myke™ Bulb Growth Supplement and Myke™ Indoor Plant Growth Supplement, from Canada

Dear Mr. Kavanaugh:

In your letter dated January 2, 2003, on behalf of your client, Premier Tech, you requested a tariff classification ruling.

The five products, namely: Myke™ Annual and Perennial Growth Supplement, Myke™ Tree and Shrub Growth Supplement, Myke™ Vegetable Garden Growth Supplement, Myke™ Bulb Growth Supplement and Myke™ Indoor Plant Growth Supplement, are mycorrhizal fungus-based plant-growth supplements, in the form of granules. The granules serve as a carrier for the fungal spores, their composition varying for each product. For example (in addition to the fungal-spore component) the granules making up the Myke™ Annual and Perennial Growth Supplement are composed of perlite and compost, while the granules making up the Myke™ Tree and Shrub Growth Supplement are composed of perlite, washed sand, compost, and vermiculite. Each product is put up packed for retail sale in a sealed plastic container. A (bilingual) label on the lid of the container explains the mode of action, as follows: “Myke™ contains a beneficial fungus on a carrier. The fungus associates with plant roots and increases phosphorus uptake. This essential nutrient stimulates root development which enhances plant growth.”

It is our determination, pursuant to Rule 3(b) of the General Rules of Interpretation, HTS, that the essential character of each of the subject products is imparted by the fungal spore component. The applicable subheading for all five products will be 3002.90.5150, 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.

These products may be subject to the requirements of the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), which is located at 4700 River Road, Riverdale, MD 20737.

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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