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NY L83000




August 10, 2005

CLA-2-30:RR:NC:2:238 L83000

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Mr. William H. Sherman
Northern Customs Services Inc.
6391 Walmore Rd.
Niagara Falls, NY 14304

RE: The tariff classification of Apex Extra Liquid Soybean Inoculant, Apex Liquid Pea/Lentil Inoculant, and PulseR HP Powder Soybean Inoculant from Canada

Dear Mr. Sherman:

In your letter dated July 27, 2005, on behalf of your client, Agribiotics Inc. you requested a tariff classification ruling.

The first product, Apex Extra Liquid Soybean Inoculant, is an inoculant, in liquid form, for soybean seeds. It contains the bacterium Bradyrhizobium japonicum (minimum 3 billion viable Bradyrhizobium japonicum per gram) as the active ingredient. The second product, Apex Liquid Pea/Lentil Inoculant, is an inoculant, also in liquid form, for pea and lentil seeds. It contains the bacterium Rhizobium leguminosarum bv viceae (minimum 2 billion viable Rhizobium leguminosarum bv viceae per gram) as the active ingredient. The third product, PulseR HP Powder Soybean Inoculant, is an inoculant, in powder form, for soybean seeds. It also contains the bacterium Bradyrhizobium japonicum (minimum 3 billion viable Bradyrhizobium japonicum per gram) as the active ingredient. According to an article found on the World Wide Web, the symbiotic relationship between nitrogen-fixing rhizobia bacteria and plants is unique to soybeans, peas, lentils, and other leguminous plants. When infected by rhizobia bacteria, the plants form structures on their roots, called nodules, which enclose the rhizobia colonies. The plants provide carbohydrates and mineral nutrients to the rhizobia bacteria; the nodule rhizobia, in turn, convert atmospheric nitrogen to forms that can be used by the plants.

The applicable subheading for the subject products 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.” The 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 20737-1231, telephone (301) 734-7830.

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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