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NY L83369




March 30, 2005

CLA-2-30:RR:NC:2:238 L83369

CATEGORY: CLASSIFICATION

TARIFF NO.: 3002.90.5150

Ms. Ginger Campbell
Agricultural Research Technologies International, Inc. 400 South Center
Bonham, TX 75418

RE: The tariff classification of E-2001®

Dear Ms. Campbell:

In your letter dated March 17, 2005, you requested a tariff classification ruling.

The subject product, E-2001®, is a concentrated preparation, in liquid form, containing Azotobacter vinelandii and Clostridium pasteurianum as the active ingredients. These microorganisms have the ability to fix nitrogen (the biological process by which atmospheric nitrogen is converted to ammonia), in soil, which enables plants to synthesize the various products, e.g., proteins, required for their existence. The product is described in your letter as an “organic soil amendment,” and in the Analysis Certificate as “[A] highly concentrated liquid organic compost” containing Azotobacter vinelandii and Clostridium pasteurianum. You indicate in your letter that E-2001® is intended for use as a “soil conditioner.”

The applicable subheading for E-2001® will be 3002.90.5150, Harmonized Tariff Schedule of the United States (HTS), which provides for “ vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Other: Other: Other.” The rate of duty will be free.

This product may be subject to the rules and regulations of the U.S. Dept of Agriculture. You may contact them at 1400 Independence Avenue, SW, Washington, DC 20250. Alternatively, you may contact their Bonham Service Center, located at 200 E. 1st Street, Bonham, TX, 75418-4401, telephone number (908) 583-9513.

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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