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NY J84393




September 19, 2003

CLA-2-30:RR:NC:2:238 J84393

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Brian Walsh, Esq.
Barnes, Richardson & Colburn
3003 East Wacker Drive, Suite 1100
Chicago, IL 60601

RE: The tariff classification of Bio-N-Cubes (nitrification pellets) from Japan

Dear Mr. Walsh:

In your letter dated August 21, 2003, on behalf of your client, Mitsui & Co. (USA), you requested a tariff classification ruling.

The subject product, identified as Bio-N-Cubes (nitrification pellets), consists of viable microorganisms encapsulated in pellets. The pellets are intended for use in systems that biologically treat swine manure. An article found on the World Wide Web indicates that immobilization of the microorganisms, by encapsulation in pellets, results in “quick and efficient” removal of nitrogen from the ammonia present in the manure (ultimately, in the form of nitrogen gas), thus preventing certain environmental problems created when ammonia-laden swine manure is flushed directly into lagoons.

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; animal blood prepared for therapeutic, prophylactic or diagnostic uses; anti-sera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” 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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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