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NY K87294




July 26, 2004
CLA-2-38:RR:NC:2:239 K87294

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9190

Mr. Ed English
Terratec Environmental Ltd.
200 Eastport Blvd.
Hamilton, ON L8H 7S4

RE: The tariff classification of Terra Blend from Canada.

Dear Mr. English:

In your letter dated May 31, 2004, you requested a tariff classification ruling for Terra Blend which is a mixture of paper mill biosolids and sand. You state in your inquiry that this mixture will produce a nursery blend that will be used for nursery stock as a base for top soil companies for a clean, consistent and weed free manufactured soil product. The biosolids consist of paper fibers and kaolin clay. After the paper mill biosolids are de-watered they contain macro and micronutrients for plants. The macronutrients are nitrogen, potassium, calcium, and phosphorous. The micronutrients are copper, magnesium and zinc.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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